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If you are a foreigner in the United States and you were offered a permanent employment, you need to establish an eligibility to file an employment-based preference petition, through labor certification, exemption from labor certification, or under a schedule A category. As a foreigner who has been offered a permanent job in the US, you have to obtain an Alien Employment Certification if ever you won’t meet the criteria for labor certification exemption, which is also called as the labor certification from the U.S. Department of Labor. The aim of the U.S. Department of Labor is to see to it that all U.S. citizens have available jobs, and if there are no qualified U.S. workers for the job, that is the only time that the permanent status can be assigned to a foreigner.
More measured are still being designed to protect U.S. workers under the Program Electronic Review Management or PERM, that is intended to facilitate faster labor determinations. The PERM process should have an implementation of recruitment before the filing of an application, and it should be done within six months prior to filing. After the labor certification application is received from the employer, the Employment Service will verify the offered job at the prevailing wage, posting the job on its recruitment system for 30 days, and the employer needs to advertise the position in a trade journal or newspaper. The DOL software will review every labor certification application based on set rules, and it will decide upon criteria selected, pulling problematic applications from the audit. System-programmed denial reasons include: expired prevailing wage determination coming from SWA; the job order didn’t run for 30 days; the labor certification application was submitted less than 30 days from the end of completion of the job posting, job order, or last step of recruitment; and the labor application listed on the Form 9089 is outside the 180-/30-day recruitment period. The initial review also include contacting the employer via phone or email to ensure that they’re offering the job to the foreign worker.
As long as the audit letter has been completed and with consistency on Form 9089 by the DOL, the application will be certified either as application approved, application denies, or supervise recruitment. As long as the job offer remains available, the labor certificate is valid indefinitely. No changes can be made on the application once it has been submitted. If there are changes needed, it is the role of the USCIS to evaluate if the changes can affect the validity of the certification. Are you willing to learn more about labor certification or PERM? Allow us to help you with our labor certification services, feel free to check our homepage or website now.
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