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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

Ming Li
Ming Li Jun 23, 2022
5.0

Had my first consultation with Attorney Jang, and it’s so helpful! Mr. Jang is the most professional attorney that I have ever consulted so far.

Andrew Kim
Andrew Kim Mar 26, 2022
5.0

I contacted the Law Office of William Jang back in August of 2021 for help filing my N-400, and with Mr. Jang and his assistants' help, I was able to file the application in October and received my citizenship in March of 2022. Mr. Jang was there every step of the way - he helped me gather and... Read More

Andrés Vite
Andrés Vite Mar 06, 2022
5.0

Im very Happy with Mr Jang advice, after 4 months my case for a construction business was approved, he told me what things to change in my business plan in order to be approved, his assistant Yaritza was very helpful and kind as well, I will hire him again to renew my visa

A Google User
A Google User Jan 06, 2022
5.0

The lawyer is very knowledgeable. I consulted for working visa and even got extra info about green card

Leo Zheng
Leo Zheng Dec 22, 2021
5.0

The lawyer is very knowledgeable. I consulted for working visa and even got extra info about green card

Marc Eggers
Marc Eggers Nov 05, 2021
5.0

I’m so happy my wife and I chose to go with the Law Office of William Jang. The immigration process is already a long, frustrating and daunting at times process. Add a pandemic in the middle of it, and it makes it that much longer. The team at the office was there with us every step of the way.... Read More

Alan K
Alan K Sep 27, 2021
5.0

Like so many, many others on this forum have noted, the Law Office of William Jang, PLLC, is in a class by itself. Since the prospect of immigration case failure is UNACCEPTABLE to any family, it is IMPERATIVE that you secure the services of the most competent Immigration Counsel available. Mr.... Read More

Rodrigo Augusto dos Santos
Rodrigo Augusto dos Santos Sep 21, 2021
5.0

My experience with this law office has been nothing less than great. First, his assistant, Mrs. Natália is simply amazing! Polite, caring, on top of everything. Second, Mr. Jang is very grounded, he will tell you the truth about how he feels about your case. He will clearly state the strengths and... Read More

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