The PERM Labor Certification application imposes specific requirements (listed below) both on the employer and the prospective employee. The employer must comply with the PERM process requirements and adhere to the PERM Regulation.
The employer who files the application on behalf of the alien must attest to the following:
Prospective Employee Requirements
The prospective employee who benefits from the application must attest to the following:
To promote startup enterprises, reduce barriers and accelerate growth for job-creating entrepreneurs, since 2011 the USCIS has allowed foreign entrepreneurs to apply for labor certification under EB-2 if they satisfy the existing requirements.
In Labor Certification, the U.S. sponsoring employer is the petitioner and the prospective alien employee is the beneficiary. Although not explicitly permitted in the regulations, the DOL and the USCIS informally allow sponsoring employers to apply for Labor Certification and file an Immigration Petition on the basis of prospective employment. In other words, it does not matter whether the alien works for the sponsoring employer during the application process or after it is approved. Meanwhile, the sponsoring employer does not necessarily have to continue to employ the alien. However, the foreign employee has to work for a reasonable period of time for the sponsoring employer after receiving permanent residency.
Effective July 16, 2007, the employers must pay all the costs of preparing, filing and obtaining labor certification, including recruitment and attorney’s fees. The employers are no longer permitted to transfer the costs incurred in the labor certification process to the alien. The DOL rules state that an employer is prohibited from receiving payment of any kind as an incentive or inducement to file, or as reimbursement for the costs of preparation or filing of an application for labor certification. This includes the employer’s attorney’s fees. An employer also cannot recoup the costs by deducting those amounts from the alien’s wages, salary or benefits. In other words, the employer and alien must each pay their own attorney’s fees, and the alien is not allowed to pay the employer’s portion of those attorney fees.
PERM labor certification is an extremely complicated procedure. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at email@example.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.
(Updated 10/1/2012 by AD)
For more information on PERM Labor Certification, please refer to the following links:
PERM General Issues