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“PERM” Labor Certification is the process through which an organization demonstrates that there are no minimally qualified American workers available, willing and able to fill a specific job in a particular geographic location. This application is filed with the Department of Labor (DOL), not the U.S. Citizenship and Immigration Services (USCIS). Labor Certification is required for most EB-2 and all EB-3 petitions.

The process involves:

• Advertising the job: The job must be advertised in print newspapers and through other channels.
• Reviewing responses: The responses are reviewed to determine if any applicants meet the job requirements or are otherwise capable of performing the job responsibilities.

Filing the Application

If the recruitment efforts do not identify a minimally qualified American worker who is willing, able and available for the job, Fermi Research Alliance (FRA) may file the PERM Labor Certification application with the DOL. This application is submitted electronically, without supporting documentation. The DOL typically processes most electronic applications without technical issues within eight months.

Audits and processing times

The DOL may audit some filings:

• Randomly: To ensure accuracy and efficiency in computerized analyses.
• Targeted inquiries: Based on certain types of filings or patterns.
• Specific responses: To particular answers or information in the filing.

If audited, FRA must submit all supporting documentation within 30 days of receiving the Audit Notice. Audited filings can take up to a year and a half to process.

Certification and Next Steps

If the application is approved, FRA must file the EB-2 or EB-3 I-140 petition within 180 days; otherwise, the certification will expire.