Labor Certification Requirements - Shankar & Associates, PC
Labor Certification Requirements Both the employer and the employee must meet certain conditions when submitting a PERM labor certification application. The petitioner is the employer, and the beneficiary is the potential employee. Requirements of the Employer The petitioning employer must show that the following facts are true: The work is a full-time position in the United States. The role is a legitimate job opportunity for Americans. The job requirements are not suited to the qualifications of the alien worker. In other words, unless such requirements can be proved to emerge out of business necessity, the employer must establish that the job's criteria are not overly restrictive. The provided wage is in line with industry standards. To meet this requirement, the wage must be equal to or greater than the prevailing wage in the intended employment region for the occupation. (Previously, the US Department of Labor (DOL) accepted a 5% deviat...