Call Today (512) 323-2333
Labor Certification (PERM)Start Your Evaluation Chat Live Now!

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
Collins Vakayil
Collins Vakayil Sep 07, 2024
5.0

William Jang is very informative. I definitely recommend him.

Rachel Dang
Rachel Dang Aug 29, 2024
5.0

Highly recommend Law office of William J. Very professional! His team is very helpful & honest and I didn’t feel lost once through out the whole process. They keep us updated on all that is going on with the case.

Chris Tcheutchoua
Chris Tcheutchoua Jul 26, 2024
5.0

I am speechless!!! I do not have words to describe my appreciation for M. William Jang and his team. They handled my case with maximum diligence and hard-work. The journey took many years, because my petitioner is a lawful resident. I just want to share that our experience with M. William’s firm... Read More

Eldar Hasanovic
Eldar Hasanovic Jul 22, 2024
5.0

We highly recommend the services of this office! Last year my wife and I started an Adjustment of Status (Green Card), and we used William Jang's services to help us collect all of the information and evidence we needed for the application. We were hugely impressed by the professionalism,... Read More

Natalie
Natalie Jul 16, 2024
5.0

Highly recommend! My husband and I filed for my green card with William Jang's office and had a very positive experience with them. They are thorough, professional, keen to answer all our questions, and always responded quickly to our inquiries. The process was also fast as I got my green card 4... Read More

ECS
ECS Jul 11, 2024
5.0

Atty. William Jang helped my son's now wife with a change of visa and later after marriage to apply for a green card. In both instance, Mr. Jang was outstanding, he is absolutely and expert in immigration and understand the ins and outs. We were successful in both instances and my daughter in law... Read More

Kalpesh Oza
Kalpesh Oza Mar 16, 2024
5.0

William is very powerful immigration lawyer. We applied from Australia and received our EB3 immigrant visa in the Sydney US Embassy. And we received our Green Card within a month after arriving in the US. Process was complicated and was not easy. He dealt with NVC and the Sydney US embassy to... Read More

ROMEO VELIAJ
ROMEO VELIAJ Feb 20, 2024
5.0

Highly recommend.

Angie Apo
Angie Apo Feb 02, 2024
5.0

The staff and Atty. Jang are very helpful and accommodating. I can personally attest how they helped my fiance and me in my visa journey! They will prepare everything for you. All you have to do is gather all the documents they needed and signed. They will do the rest. Visa already issued as I've... Read More

Apolonio Hernandez
Apolonio Hernandez Jan 31, 2024
5.0

Angie and I are super satisfied with the service we received from Law Office of William Jang and his staff. Mrs. S. Hernandez was extremely patient and efficient with our K-1 Visa application. I understand the chaos at the border was a drag on our process, but their work on our K-1... Read More

See More Reviews
Don’t wait until it’s too late!  Contact us today at 512-323-2333