What is the Permanent Labor Certification Process?
It is the most widely used employment-based method for obtaining a green
card. A U.S. employer must prove that no
minimally qualified U.S. workers are available for the position once it has
been "certified" by the U.S. Department of Labor (DOL). The
Employment and Training Administration of the United States Department of Labor
(DOL) manages the permanent labor certification programmers (or PERM) (ETA).
Its main goal is to see if hiring a non-U.S. citizen employee will hinder
similarly qualified American workers from getting similar jobs. ETA assesses
whether hiring a non-citizen will have a negative impact on the working
conditions or earnings of U.S. workers in a similar profession.
Basic Requirements
for Labor Certification Applications
Full-time employee: - A foreign worker must be hired as a full-time employee, not on
a part-time basis.
Permanent job: - Employers must offer permanent positions to qualify for labor certification. (Temporary and seasonal positions may qualify for a temporary work visa, but do not qualify for permanent labor certification)
Reasonable job requirements: - The employer's minimal educational and experience criteria for the employment must be those that are commonly required for the occupation. These requirements cannot be adjusted to the employee for whom the application is being submitted. Furthermore, the employer must demonstrate that the educational and experience criteria are not "overly restrictive." Any exceptional employment requirements must be demonstrated to be "business imperatives."
Comments
Post a Comment