According to media reports, major technology companies in the United States have stopped filing new permanent labor certification (PERM) applications until 2024.
A permanent labor certification (PERM) issued by the US Department of Labor (DOL) allows an American employer to permanently employ a foreign worker in the United States.
In general, petitioners submitting EB-2 and EB-3 petitions must acquire an approved permanent labor certification application from the DOL on behalf of the beneficiary.
An approved permanent labor certification is not evidence that DOL has certified that the beneficiary named on the permanent labor certification qualifies for the position.
USCIS determines whether the beneficiary met the minimum education, training, and experience requirements of the permanent labor certification at the time the petitioner filed the application for permanent labor certification with DOL.
Skilled IT workers hoping to make a fortune and become US citizens may be in for a difficult ride. Uncertainty in the US labor market is causing businesses to take drastic measures to fill new positions.
According to media reports, major technology companies in the United States have stopped filing new permanent labor certification (PERM) applications until 2024.
PERM is considered to be the first step for skilled immigrants to get a US Green Card leading up to American citizenship. A permanent labor certification (PERM) issued by the US Department of Labor (DOL) allows an American employer to permanently employ a foreign worker in the United States.
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Some immigrant visa preferences require you to already have a job offer from a U.S. employer. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA) before submitting an immigration petition to USCIS.
A Department of Labor certification is required for U.S. employers seeking to employ individuals whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States.
The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. Workers.
Employment-based 1st preference (EB-1) beneficiaries are not required to be the beneficiaries of approved permanent labor certifications issued by the DOL. Beneficiaries seeking employment-based 2nd preference (EB-2) or 3rd preference (EB-3) immigrant visas, however, generally must be the beneficiaries of approved permanent labor certifications.
In general, petitioners submitting EB-2 and EB-3 petitions must acquire an approved permanent labor certification application from the DOL on behalf of the beneficiary.
When adjudicating a permanent labor certification application, the DOL does not normally assess the beneficiary’s qualifications for the post as this authority and obligation falls on USCIS. An approved permanent labor certification is not evidence that DOL has certified that the beneficiary named on the permanent labor certification qualifies for the position. Only USCIS has the authority to determine qualifications for nonimmigrant and immigrant classifications.
An approved permanent labor certification means that the petitioner made a good faith effort to test the labor market and demonstrated to DOL that there were no qualified, able, and available U.S. workers for the position.
USCIS determines whether the beneficiary met the minimum education, training, and experience requirements of the permanent labor certification at the time the petitioner filed the application for permanent labor certification with DOL.
