The employer will need to give advance notice that they will be submitting the PERM application. Note: 1 of the 3 additional recruitment methods (from the list above) may take place within 30 days of filing, but this is the only exception. All the recruitment activities must take place during the 6 months leading up to the filing date - but no less than 30 days prior. Job search sites, like Indeed or Monsterįor “nonprofessional occupations,” the employer must place a job order with SWA and print 2 newspaper advertisements.If the job opening is for a “professional occupation” - in which case the job applicant must have at least a bachelor’s degree, or equivalent experience, to be hired - the employer must, at a minimum, place a job order with SWA for at least 30 days, print at least 2 advertisements in 2 separate Sunday editions of a popular newspaper, and select 3 additional recruitment methods from the following list: In addition to meeting these basic requirements, the employer will have to conduct certain “recruitment steps” prior to filing their application (as indicated in CFR § 656.17). That the employer is not the same person as the non-U.S.-citizen.That the job in question is a full-time, permanent position.Including all Federal, state, and local statutes.That the working conditions and terms of employment meet any relevant legal standards.That the job in question did not become available because of a strike or labor stoppage.That, in making this job offer, the employer did not discriminate based on age, sex, religion, race, creed, color, nationality, disability, or citizenship.That the employer has enough money to actually pay the promised wages.Unless the employer can ensure that the prospective employee will continue to earn a wage greater than or equal to the “prevailing wages” mentioned above.That the wages are not dependent on bonuses, commissions, or financial incentives of any kind.That any U.S.-citizen job applicants have been denied for lawful reasons.That the employer is able to put the prospective employee on payroll either before or on the day of their arrival in the United States.A list of SWA offices can be found on the DOL website. To meet this condition, the employer must request a Prevailing Wage Determination (PWD) from the State Workforce Agency (SWA) for the relevant state.Here, “prevailing wages” refers to either the wages set forth by a relevant collective bargaining agreement (CBA) or the average wages for employees in a similar field (see CFR § 656.40).That the wages offered to the prospective employee are greater than or equal to the “prevailing wages” for the given field.That the job listing was made available to U.S.Basic RequirementsĪccording to Federal Regulations ( CFR § 656.10 (c)), in order to apply for a permanent labor certification, an employer must attest to the following: In this section, we will focus on the “basic labor certification process,” as outlined in § 656.17 of the Code of Federal Regulations (CFR) and in the instructions for Form 9089. The PERM application may be filed in several different ways, depending on the circumstances. To obtain a permanent labor certification, employers must file Form 9089 (officially called the “Application for Permanent Employment Certification”). We’re standing by and ready to offer our assistance. If you’re looking to work in the United States, but you’re having trouble sorting through all the documentation, reach out to Boundless today. In the following guide, we’ll discuss the process for obtaining a PERM certification: And whether the non-citizen worker is qualified to execute the duties of the intended positionīut before the employer can get as far as Form I-140, they must first make their case with the U.S.
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