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Labor Certification Process (PERM)
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Certification Issuance
Upon successful review and approval of Form ETA 9089 by the Department of Labor, the employer receives a labor certification for the foreign worker.
Prevailing Wage Determination
The process where the Department of Labor determines the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.
Filing of Form ETA 9089
The employer must complete and submit ETA Form 9089 to the Department of Labor for the labor certification, providing details about the job and the qualifications required.
30/180 Day Rule
Employers must conduct their recruitment within the 180-day period before filing ETA Form 9089, but no less than 30 days before filing.
Job Order with the State Workforce Agency (SWA)
The employer places a job order with the SWA serving the area of intended employment for at least 30 days.
Professional vs. Non-Professional Occupations
The PERM process requires different recruitment processes for professional and non-professional occupations, with additional steps for professional occupations.
Recruitment Process
The employer must conduct recruitment efforts to find available U.S. workers who are qualified and willing to take the job at the prevailing wage.
Employer's Attestations in Form ETA 9089
The employer must attest to a series of conditions related to the job offer and recruitment efforts, such as non-displacement of U.S. workers and the absence of layoff.
Audit File
Employers must prepare a comprehensive audit file containing evidence of PERM compliance and recruitment efforts should the Department of Labor request it.
PERM Audit
A procedure where the Department of Labor selects certain PERM applications for quality control purposes, requiring employers to provide additional evidence of their recruitment efforts.
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