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Labor Certification (PERM)

What is labor certification?

The United States Department of Labor issues labor certification after ensuring that the following are true:

  1. There are not any qualified workers in the United States who are willing, able, and available to perform certain services instead of a foreign worker; and
  2. That by offering employment to the foreign worker, the working conditions and wages will not be adversely affected for U.S. citizens who are similarly employed.

The U.S. Department of Labor has offered labor certification through the Program Electronic Review Management (PERM) system since March 28, 2005.

Who needs labor certification?

Employers in the United States must obtain labor certification from the U.S. Department of Labor before they may file an employment-based petition. As such, U.S. employers who wish to employ foreign workers under the following two preference categories must first obtain labor certification:

  1. Second employment-based preference (including exceptional ability workers and advanced degree professionals); and
  2. Third employment-based preference (including professional, skilled, and unskilled workers)

However, there are exceptions to this rule that are based on national interest waivers. There are not many occupations that are precertified as “Schedule A,” which includes occupations like professional nursing and physical therapists.

What is the procedure to obtain labor certification?

Petitioning employers must complete each of the following steps in order to obtain labor certification from the Department of Labor:

  1. Offer a prevailing wage for the position that will be open for application;
  2. If there is a bargaining representative, notice of the planned labor certification should be provided. If there is not a bargaining representative, notice of the position must be posted at the location of employment for at least 10 consecutive days;
  3. Indicate that the position is available on any in-house media that is normally used to post such positions (i.e. company newsletter or company e-mail);
  4. Go to the state employment office that services the area of employment to place a job order lasting for 30 days, at minimum;
  5. Place Sunday advertisements for the offered position for two consecutive weeks indicating that the offered position is available;
  6. When hiring for professional positions, three additional forms of recruitment should be made by advertising the position, including but not limited to the following: employer website, campus recruitment, job fairs, professional or trade organizations, employee referral programs, privately-held employment firm, radio and television ads, newspapers;
  7. Conduct interviews to determine the qualifications for the advertised position;
  8. Collect and prepare a report that summarizes your efforts to recruit and your subsequent results, along with an audit file;
  9. Register with the United States Department of Labor;
  10. Utilize the PERM process to prepare and file your electronic application for labor certification within the designated time frame—no later than 180 days and no sooner than 30 days into the process of making efforts to recruit for the position; and
  11. Per the request of the Department of Labor, respond to audit(s).

Fees:

The Austin employment-based visa lawyers with the Law Office of William Jang, PLLC, charge the following in attorney’s fees for the typical labor certification application with the United States Department of Labor. However, it should be noted that the fees listed below do not include all the fees that will be subsequently required to file the relevant applications and petitions with the United States Citizenship and Immigration Service (USCIS) (please take a moment to look over the disclaimer on this page):

  • $3,000 in attorney’s fees
  • The cost of advertisement (this varies)

Experience:

At the Law Office of William Jang, PLLC, our Austin employment-based visa lawyers have the experience and the resources to help you through the entire labor certification process (please take a look at a sample of cases that were approved). To speak with an attorney in Austin about what you will need to do in order to obtain your labor certification, please call our Austin offices at (512) 323-2333 today.

What will I need to begin the process?

Sample Retainer Agreement

Employment Base Labor Certification

What Our Clients Are Saying

Andrew Lai
Andrew Lai Sep 21, 2019
5.0

I am thankful for the H1B application service provided by Mr. Jang’s law firm. During my H1B approval process, Mr. Jang provided very instructive opinion, wrote informed and precise response, and kept me posted on my application status in a timely manner. Mr. Jang is a very professional and... Read More

Jaime Jaimes
Jaime Jaimes Sep 12, 2019
5.0

Excellent service & professional knowledge Will definitely recommend

Anayeli Medrano
Anayeli Medrano Aug 07, 2019
5.0

Very pleased and satisfied with Mr. Jang. He offered affordable and fair rates for my immigration case. The staff kept all my personal information up to date and well organized. I recommend Mr. William Jang to any one in need of an immigration lawyer .

Robert Scalise
Robert Scalise Jun 03, 2019
5.0

When my wife was denied her visa I didn't have time to commit to several consultations. I researched local immigration lawyers and placed my bet on Mr. Jang and his staff. I could not have made a better decision. Every step of the way Mr. Jang went out of his way to ensure that he was delivering... Read More

J A
J A May 22, 2019
5.0

Great handle my case promptly.

Nishita Muhnot
Nishita Muhnot Apr 28, 2019
5.0

Mr. Jang was very knowledgeable, meticulous and good with his work. I applied to have conditions removed on my green card and it was a tricky case. My case was approved. He always swiftly and patiently answered all my queries. Above all, I found him to be genuinely helpful and a good human being.

JUNSIK Choi
JUNSIK Choi Apr 04, 2019
5.0

Mr Jang is a great attorney. He worked on my N400 applications and went through all documents very carefully and finally got approved. I really appreciate his efforts for that.

Chunlin Wang
Chunlin Wang Mar 02, 2019
5.0

We are totally impressed with Mr. Jang, Ms. Natalia, and the rest of staff. They are honest, knowledgable, and very thorough. We had dealt with the immigration process (years ago) and had experience with immigration attorneys. Mr. Jang clearly stands out. He explains everything in details and set... Read More

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Law Office of William Jang, PLLC Law Office of William Jang, PLLC William Jang
314 E Highland Mall Blvd #406 Austin TX 78752 (512) 323-2333