While PERM process may seem daunting, our Law Firm can make it less stressful experience. We will guide an employer through all intricacies and complexities of PERM requirements.
For employment based second and third preference categories (EB-2 and EB-3), a test of the labor market is required before a foreigner can be hired. The labor certification procedure is intended to assure that the employer is not seeking to employ a foreign national when qualified U.S. workers are available for the position, and that the employer has not offered wages or working conditions to the foreign national that adversely affect the wages or working conditions of U.S. workers. If the labor certification procedure locates any U.S. workers who meet employer’s actual minimum requirements (education, experience and training) for the position, the application to obtain permanent residence for the alien employee cannot be continued or approved.
These job market protection measures are intended to assure that a fair test of the domestic labor market is conducted and that U.S. workers are not in disadvantage. Therefore, the employer may not put unreasonably high job requirements, discourage U.S. workers who apply for the job, or tell job applicants that the job is already filled by the foreigner or that recruitment has been undertaken strictly for the labor certification purposes. The foreigner cannot in any way participate in interviewing or evaluating job applicants or pay for any services and costs related to the labor certification application.
The United States Department of Labor (DOL) requires that any U.S. citizen or permanent resident worker who applies for the job and who meets the actual minimum requirements for the job is considered to be qualified and must be contacted and interviewed. The DOL will consider a candidate minimally qualified, even if he does not satisfy the actual minimum requirements, if such worker can acquire the skills necessary to perform the job in a reasonable period of on-the-job training. The labor certification process is based on the premise of minimum qualification for the job. This requirement is commonly misunderstood by employers because it is in contradiction with the normal hiring practices of most employers, who are naturally seeking the most qualified candidate for the job, not just the one who meets the bare minimum job requirements.
United States Department of Labor (DOL) requires that the employer is willing to hire a U.S. worker if one is qualified and available, although it does not force the employer to hire such worker. It prohibits hiring of a foreigner over a domestic worker.