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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 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 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 today.

What will I need to begin the process?

Sample Retainer Agreement

Employment Base Labor Certification

What Our Clients Are Saying

Mustafa Okandan
Mustafa Okandan May 17, 2017
5.0

William has practical solutions for complicated business settings and he uses charts and tables effectively to elaborate business processes. I definitely enjoyed his way of detailed work and cooperation. Best of all, he handles the case by himself completely in a timely manner.

Yanitza Gutierrez
Yanitza Gutierrez May 16, 2017
5.0

To start my dad was already a client of mr. Jang and he had great results. my dad had recommended me going with mr. Jang I was a DACA student and had thought that I had no results with trying to get my green card with immigration but my dad told me to try, and I did and it was a struggle but at the... Read More

Dong Min Han
Dong Min Han Apr 01, 2017
5.0

Fully satisfied!! William and his team helped me and my family with citizenship, change of name, and change of status. They answered my questions clearly. All of my cases was approved!

Hwang Kyuwon
Hwang Kyuwon Feb 09, 2017
5.0

Very friendly and efficient! I highly recommend his team to anyone looking for great immigration related services.

Felipe mtz
Felipe mtz Jul 19, 2016
5.0

Buen abogado siempre al pendiente de tu caso siempre firme

Shahid Gaus
Shahid Gaus May 19, 2016
5.0

I cannot describe how efficient Willam and his team is. We feel Blessed and very thankful to have hired him as our attorney. He was with us all the way till we resolved our immigration issues. he even skyped with us several times when he was visiting Korea and we needed his help. I would highly... Read More

Clementina Anguiano
Clementina Anguiano May 19, 2016
5.0

He was straight and to the point with all our immigration questions. We went to him for renewal of permanent residence and it was awsome. Now we will be contacting him for citizenship.

Marco Blazquez
Marco Blazquez Dec 19, 2015
5.0

Mr. Jang and his associates are by far the most professional and comprehensive law firm I have encountered. They produce results that are phenomenal. My wife and son were granted LPR in less than four months. If you are looking for a world class immigration law firm, look no further!!!!

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