Employment Based Green Card Labor Certification


A very important step in almost every employment based green card process is to have an employer obtain a PERM Labor Certification on your behalf.

This is a procedure that involves having your employer go through an extensive recruitment process in order to ensure that you are not displacing any qualified U.S. workers. H1B Visa Process Check UT Evaluators

Your employer will first need to file to have the prevailing wage for your position determined according to the location and others that are similarly employed. Once that determination is received,

Your employer will need to run three kinds of advertisements:

A. Job order: this must run for at least thirty days

B. Newspaper ads: this must be in a high-circulation paper on two separate Sundays

C. Three auxiliary ads posted in areas like the internet, radio, or college campuses

After the ads have run their course, thirty days must be given for potential applicants to respond. During this time, your employer must consider the qualified candidates and give reasons for rejecting each one.

If no candidates take the position, then your employer must file an ETA-9089 form with the Department of Labor. During this step, there is always the possibility that your employer will be audited either randomly or through targeted process. For H1B Visa Process Visit here.

Once the ETA-9089 is approved and the PERM Labor Certification received, you can begin the petitioning process for your employment based green card.

Keep in mind that the PERM is not required for EB-1 green cards as well as the EB-2 National Interest Waiver.

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