Employment Based Green Cards: Labor Certification - PERM - PERM Audits - BALCA Appeals

The Chander Law Firm guides employers through the the difficult process of Labor Certification and PERM.

Labor Certification can be extremely complicated.  If done improperly, the employment based green card process can be delayed by years.  Contact The Chander Law Firm if you have questions about Labor Certification, PERM, PERM audits, BALCA appeals or the employment based green card process.  You can learn more about Labor Certification procedures below.

Labor Certification - PERM

An approved Labor Certification from the United States Department of Labor is a requirement of the second and third preference (EB-2 and EB-3) employment based immigration process.  The employer must demonstrate that insufficient United States workers are able, willing, and qualified and that the employment will not adversely affect working conditions of United States workers.  Employers apply for Labor Certification using the PERM (Program Electronic Review Management) system.

Obtaining a Prevailing Wager Determination

The first step in the Labor Certification process is to obtain a Prevailing Wage Determination.  The prevailing wage is the wage paid to the majority of workers for the occupations. 

PERM Recruitment

The next step in the process is for the employer to engage in a recruitment campaign in order to locate qualified United States workers for the position.  The employer must advertise for the position.  There are certain Mandatory Recruitment steps:

• Placing a job order with the State Workforce Agency
• Posting notice of recruitment for the position at the job site
• Advertising for the position for for two consecutive Sundays in the newspaper of general circulation

Additional recruitment steps are required for positions that are considered professional.  The employer must recruit for the position using at least three of the follow ten additional recruitment options:

• Job Fairs
• Employer's Web Site
• Job Search Website
• On-Campus Recruiting
• Trade or Professional Organizations
• Private Employment Firms
• Employee Referral Program with Incentives
• Campus Placement Offices
• Local and Ethnic Newspapers
  radio and Television Advertisements

For a period of thirty days following the last recruitment action taken, the employer must retain and review all resumes submitted for the position.  The employer must contact qualified applicants for the position.  A detailed record of all recruitment activity (Recruitment Report) must be kept.   Where there are no qualified applicants, the employer may apply for Labor Certification using the PERM system.

PERM Filing

Upon completion of the recruitment campaign, the employer files for Labor Certification using the PERM (Program Electronic Review Management) system.  The PERM system is an online based application system.  After submission of the application through PERM, the employer will either be issued an approved Labor Certification, be subject to a PERM audit, or be denied Labor Certification.  On approval of the Labor Certification, the employer may file the appropriate petition for employment based immigration with USCIS.

PERM Audits

Any application for Labor Certification may be selected for audit.  The PERM audit may require the employer to provide documentation of all recruitment steps.  PERM audit requests must be responded to within 30 days. Failure to respond to a PERM audit will result in a non-appealable  denial of the PERM application.  Substantial failure to provide requested documentation may also result in denial of the PERM application.  The PERM audit Certifying Officer may either approve the Labor Certification, deny the Labor Certification, or require Supervised Recruitment.  An employer may also be Disbarred by the Department of Labor for substantial violations.

Appeal of Labor Certification Denials - Board of Alien Labor Certification Appeals - BALCA

An employer may appeal a decision to deny or revoke a Labor Certification or disbarment order to the Board of Alien Labor Certification (BALCA).  Appeal must be filed within 30 days of the date of a determination.  Further adverse decisions by BALCA may be reviewed by filing an action with the federal district court.

Contact The Chander Law Firm for Assistance with PERM

If you have issues regarding PERM, PERM Audits, or BALCA appeals, contact The Chander Law Firm now for representation.