U.S. employers who seek to employ foreign workers will typically need to first obtain an approved Labor Certification from the United States Department of Labor (DOL). Essentially, the DOL certifies to United States Citizenship and Immigration Service (USCIS) that there are not sufficient U.S. workers qualified, willing, able and available to accept the job offered to the foreign worker.
The labor certification also contains attestations by the U.S. employers as to the number of U.S. workers available to undertake the employment and the effect the employment of the foreigner would have on wages and working conditions of U.S. workers that are similarly employed.
The system used to obtain labor certification is called the Program Electronic Review Management (PERM). The PERM process requires petitioning employers to test the labor market by conducting a series of recruitment activities before filing an application. The employer may submit an application only if sufficient number of able, qualified, and willing U.S. citizens or permanent are not found.
Indeed the PERM Labor Certification process is very complicated with strict deadlines. We therefore strongly recommend that you consult a competent law firm to guide you through this process.
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