Permanent Labor Certification Program:
The Permanent Labor Certification Program (PERM) is a process used by U.S. employers to hire foreign workers for permanent positions in the United States.
A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). The USDOL 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.
- Labor Certification: The employer must obtain a certified labor certification from the U.S. Department of Labor (USDOL). This certification ensures that there are no sufficient U.S. workers available for the job and that hiring a foreign worker will not negatively impact wages and working conditions of U.S. workers.
- Application Process: The employer files an application (ETA Form 9089) with the USDOL. The process involves recruiting efforts to find qualified U.S. workers and documenting these efforts.
- USCIS Petition: Once the labor certification is approved, the employer can submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS) for the foreign worker.
The PERM process is designed to protect the U.S. job market while allowing employers to fill positions with skilled foreign workers when necessary
The U.S. Department of Labor administers the Permanent Labor Certification Program (Green Card Issuance) in conjunction with the Department of Homeland Security to those foreigners who meet the regulatory requirements of the program.
Important: MDCS does not administer the Permanent Labor Certification Program except that under the employment-based Visas, Employers have the provision to place the Job Orders for Permanent Visas on MassHire JobQuest.
Permanent Labor Certification Program
For more information about the requirements of this Visa category go to the (United States Department Of Labor's (USDOL's) Permanent Labor Certification website found at https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent.
The Local Job Order:
The employer is required to place a Local Job Order with the State Workforce Agency (SWA) serving the area of intended employment. As long as the employer is working through the MassHire Department of Career Services' (MDCS) electronic job posting system MassHire JobQuest found at https://jobquest.dcs.eol.mass.gov/jobquest/Employer/LandingPage the Local Job Order placed with MDCS would be sufficient to meet USDOL’s requirements.
To file the Local Job Order associated to the Permanent Labor Certification Request, visit the MDCS JobQuest portal found at https://jobquest.dcs.eol.mass.gov/jobquest/LandingPage.aspx
Employers filing Permanent Applications must submit their applications electronically through the United States Department of Labor's (USDOL) Permanent Online System found at https://www.plc.doleta.gov/eta_start.cfm?actiontype=home
The Immigration and Nationality Act (INA) requires that hiring a foreign worker will not adversely affect the wages and working conditions of corresponding United States workers. Follow this link to the U.S. DOL, Prevailing Wage Information page.
U.S. DOL, Atlanta National Processing Center (ANPC) contact information:
United States Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Atlanta National Processing Center
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, GA 30303
Phone: (404) 893-0101
Fax: (404) 893-4642