Labor Certification Process

The labor certification process, also known as PERM (Program Electronic Review Management), is a crucial step in obtaining an employment-based immigrant visa in the United States, specifically the EB-2 visa category. The purpose of the labor certification process is to ensure that foreign workers do not displace qualified U.S. workers or adversely affect their wages and working conditions.

Here’s an overview of the labor certification process for the EB-2 visa:

1. Determine EB-2 eligibility: First, make sure that the foreign national beneficiary meets the EB-2 visa requirements. The EB-2 visa is designated for professionals with advanced degrees (or their equivalent) and individuals with exceptional ability in the sciences, arts, or business.
2. Job requirements and prevailing wage determination: The employer must define the job requirements and minimum qualifications for the position offered. They must also request a prevailing wage determination (PWD) from the National Prevailing Wage Center (NPWC). This ensures that the wage offered to the foreign worker is on par with the prevailing wage for the specific occupation in the area of intended employment.
3. Recruitment process: The employer is required to conduct a good faith recruitment process to ensure that there are no qualified, willing, and able U.S. workers available for the job. This process typically includes posting job advertisements in various media, such as newspapers, job search websites, and the employer’s website. The employer must also place a job order with the state workforce agency (SWA) for 30 consecutive days.
4. Prepare and file ETA Form 9089: After completing the recruitment process, the employer must document the results and prepare the ETA Form 9089, the Application for Permanent Employment Certification. This form contains information about the employer, the offered position, the foreign worker’s qualifications, and the recruitment process. The employer must attest that they have followed the proper recruitment procedures and that no qualified U.S. workers were available for the position.
5. Submit the application to the Department of Labor (DOL): The employer submits the completed ETA Form 9089 electronically to the DOL for review. If the DOL approves the application, they will issue a certified ETA Form 9089, which serves as the labor certification.
6. File I-140 petition: After obtaining the labor certification, the employer must file an I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The approved labor certification must be submitted along with the I-140 petition.
7. Adjustment of status or consular processing: Once the I-140 petition is approved and a visa number is available, the foreign national can apply for adjustment of status (Form I-485) if they are in the U.S., or go through consular processing if they are outside the U.S.

Please note that this is only a general overview of the labor certification process for the EB-2 visa. The specific steps and requirements may vary depending on individual circumstances. It is strongly recommended to consult with an experienced immigration attorney to guide you through the process.