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Labor Certification Under PERM - Frequently Asked Questions

1.

What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the U.S., or PERM, regulation?

The PERM regulations went effect into March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.

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2.

What standards are used in making labor certification determinations?

The standards used in making labor certification determinations to be based on:

  • Whether there are sufficient U.S. workers who are able, willing, qualified and available;
  • Whether the employment of the alien will have an adverse effect on the wages and working conditions of U.S. workers similarly employed; and
  • Whether the employer has met the procedural requirements of the regulations
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