Labor Certification / Permanent Residence

Minnesota Labor Certification Immigration Attorneys

The Department of Labor’s PERM (Program Electronic Review Management) labor certification process has successfully streamlined labor certification and reduced wait times.  The basic requirements for PERM labor certification that a business employer must demonstrate include:

  • A documented lack of available U.S. workers with education level or skills required for the positions available.  An element of establishing this fact involves the employer carefully following the Department of Labor’s requirements for advertising job vacancies.
  • Willingness on the part of the employer to sponsor qualified foreign workers for permanent employment immigration and to pay them the Employment Development Department’s established prevailing wage for the position.

PERM Labor Certification: Employer Attestations

The Department of Labor PERM regulations require that employers submit accurate information on applications.  The Department of Labor enhanced the program to eliminate fraud or misuse of the process by imposing strict penalties to employers if violations occur.  Before a Labor Certification may be filed, an employer must register with the PERM online application service.

An employer must attest that it did not engage in unlawful discrimination or rejected any U.S. workers in violation of other federal, state or local laws.  Additionally the employer must attest to the following regarding the job opportunity:

  1. The employee will be paid an amount equal to or greater than the Prevailing Wage on that State
  2. The wage is not based on commissions or bonuses unless guaranteed and paid on at least a monthly basis
  3. The employer has the funds available to pay the offered wage
  4. The employer will be able to place the alien on payroll on or before the proposed start date
  5. The job opportunity has been and continues to be open to qualified US workers
  6. Any US workers who applied for the position were rejected for lawful job-related reasons
  7. The job opportunity is a full-time, permanent position

Contact Our Immigration Attorneys

Obtaining labor certification can be a complex and difficult process.  Our immigration attorneys are here to assist you and can be reached directly at (612) 338-5007.  We offer free consultations and payment plans.