A labor certification is issued by the Department of Labor (DOL) which allows an employer to hire a foreign worker to work permanently in the U.S. It is the first step for employment-based petitions in the second category (except National Interest Waiver) and the Third category.

Starting from March 28, 2005, all labor certifications must be filed using the PERM process. PERM stands for "Program Electronic Review Management". It allows the employers to file labor certification petitions for their alien workers online or by mail without submitting supporting documentation. Generally, the labor certification process through PERM will take about 45 to 60 days.

The PERM process requires the petitioning employer to conduct a series of recruitment activities to test job market before filing the application. If no qualified U.S. citizen or permanent resident is found through the recruitment process, the employer can submit the PERM labor certification.

The employer who files the PERM labor certification application must meet the following requirements:

1. The position is a bona fide full time permanent job offer located within the U.S.;

2. The job offer meets prevailing wage requirements;

3. The job offer's working conditions and environment and hiring of the alien does not adversely affect U.S. workers; and

4. There is no qualified U.S. worker available to accept the job offer through the recruitment processes.

The PERM labor certificate process is very complicated. The petitioning employer must conduct the following mandatory recruitment activities:

1. Place an advertisement on "two different Sundays in the newspaper of general circulation"; or if the job is for one with an advanced degree, the employer may place the advertisement in a national professional journal and in one Sunday edition of the newspaper;

2. Place job order with the state job order system for at least 30 days;

3. Post an internal job posting with all required information by the DOL for a period of 10 consecutive business days; or give proper notice to bargaining representative if the position is a union position.

If the position offered is a professional position which requires at least a bachelor degree, the PERM regulation requires the employer to conduct at least three of the following options during the period mentioned above:

• Job fairs;

• Employer's web site;

• Job search web site other than employer's;

• On-campus recruiting (usually for no-experienced position);

• Trade or professional organizations;

• Private employment firms;

• An employee referral program, if it includes identifiable incentives;

• A notice of the job opening at a campus placement office, if the job requires a degree but no experience;

• Local and ethnic newspapers, to the extent they are appropriate for the job opportunity;

• Radio and television advertisements.

     The above recruitment process should be conducted no more than 180 days but no less than 30 days prior the date of submitting the PERM, except one optional activity (for professional position) may be within 30 days prior to the date of submission.

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