Labor Certification Processing

The Office of Foreign Labor Certification, a division of the Department of Labor, processes all employer requests and applications for foreign workers. When an employer seeks to hire a foreign employee, they must first complete a Labor Condition Application or a PERM Labor application. The two applications serve a similar purpose, but are for different types of jobs. The prospective employer is required to complete a Labor Condition Application or PERM application for each position they wish to fill. This application confirms that the employer will pay the prevailing wage for the occupation in question, and that the employment of foreign workers will not reduce or lower the working conditions of U.S. workers. The employer must also certify that they are not involved in any labor disputes, including lock outs or strikes, at the time of the application. Once an employer has completed an application, it will be reviewed by the Department of Labor. Ideally, the application will be approved and the job certified, within seven days of filing. Once certified, a foreign labor certification is valid for three years. There are two reasons that sponsoring employers are required to apply for foreign labor certification. First, the certification ensures that United States worker wages are not depressed by the hiring of foreign employees. Next, certification provides protection for foreign workers, and prevents them from being exploited.

Fast Facts

  • Foreign labor certification must be applied for by an employer, not an individual
  • Foreign labor certification processing can take seven days or longer to complete

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