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Labor Certification Process (PERM)

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Certification Issuance

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Upon successful review and approval of Form ETA 9089 by the Department of Labor, the employer receives a labor certification for the foreign worker.

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Prevailing Wage Determination

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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.

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Filing of Form ETA 9089

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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.

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30/180 Day Rule

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Employers must conduct their recruitment within the 180-day period before filing ETA Form 9089, but no less than 30 days before filing.

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Job Order with the State Workforce Agency (SWA)

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The employer places a job order with the SWA serving the area of intended employment for at least 30 days.

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Professional vs. Non-Professional Occupations

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The PERM process requires different recruitment processes for professional and non-professional occupations, with additional steps for professional occupations.

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Recruitment Process

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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.

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Employer's Attestations in Form ETA 9089

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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.

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Audit File

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Employers must prepare a comprehensive audit file containing evidence of PERM compliance and recruitment efforts should the Department of Labor request it.

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PERM Audit

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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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