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Labor Certification

Under the Immigration laws, a person who wishes to enter the United States as a worker on a permanent basis must obtain a certification from the Department of Labor that there are not sufficient workers who are able, willing qualified and available in the United States and that the employment of such person will not serve to affect the wages or working conditions of workers in the US who are similarly employed.

In order to comply with the mandate accorded to them, the Department of Labor has set up a system termed PERM. During the PERM process, a potential employer is asked to test the labor market in order to see if there are any applicants for the open position. This is primarily done through different types of advertisements. If the employer does not receive any eligible applicants after all of the recruitment is completed, they may file the PERM application with the Department of Labor. Once the PERM application is approved by the Department of Labor, the Labor Certification Application is filed in support of an I-140 petition, granting the beneficiary the ability to obtain their lawful permanent resident status in the United States.

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