Regular PERM Labor Certification Process 

Under the 2nd and 3rd preference immigrant visa classifications, an employer can file an immigration petition for a foreign national by filing an Alien Labor Certification with the U.S. Department of Labor https://www.dol.gov/ (DOL). 

The employer must submit that it has conducted a good faith effort to recruit U.S. workers, but was not able to find a qualified, willing, and able U.S. worker to accept the job offer in question. The employer must also attest that employing the foreign worker, will not adversely affect the wages nor the working conditions of similarly employed U.S. workers. 

The process requires TAMUCC to: 

  • Place a job order with Work in Texas for a period of 30 days.   
  • Advertise in a newspaper of general circulation on two consecutive Sundays. If the educational requirements include an advanced degree, the employer may place one advertisement in a national professional journal, and one Sunday ad in a newspaper of general circulation. 
  • Post an internal job posting or a Notice of Filing (NOF) at the job site for a period of 10 consecutive business days. 

In addition to the above forms of advertising the position, the employer must select three recruitment activities listed below within 30 days before filing. 

  • Job fairs 
  • Employer’s website 
  • Job search websites other than the employer’s 
  • On-campus recruiting 
  • Postings with Trade or professional organizations 
  • Private employment firms 
  • An employee referral program  
  • A notice of the job opening at a campus placement office, if the job requires a degree but no experience 
  • Local and ethnic newspapers 
  • Radio and television advertisements 

Employers are required to review the applications of all U.S. workers who apply for the position and conduct interviews with those candidates who meet the minimum qualifications. If the recruitment results in finding one or more qualified workers, the Labor Certification Application may not be filed.  

However, if during the recruitment process, if a qualified U.S. worker is not found, TAMUCC may file the Labor Certification with the Dept of Labor. If, on the other hand, the DOL certifies the application, the employer may file an I-140 Petition for Immigrant Workers with the U.S. Citizenship and Immigration Services. In some cases, in which the established priority date is current (this is the employee’s place in line for an immigrant visa), the employee may file his/her I-485, Application for Adjustment of Status, concurrently with the I-140. If the priority date is not current, the employee must wait to file until additional visas become available.    

The above is a generalization of the PERM labor certification process. It is, however, one of the most complex immigration procedures, with stringent requirements and timelines. Because of the multiple steps in this process and the length of time, it takes to complete, the process should be started as early as possible. 

To schedule a meeting to review the entire process, timelines, cost, and roles, please call Immigration Services at 979-862-1719 or immigation@tamu.edu.

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