Labor Certification

Filing a Labor Certification Petition Through PERM and US Department of Labor

This application is filed with the Department of Labor (DOL) before a foreigner is permitted to get a green card based on his work. With this application, an employer is showing that there are no qualified U.S. workers who are available to fill the position and therefore, he should be permitted to employ a foreigner on a permanent basis. The employer has to prove that it has recruited for the position by placing ads and postings and could not fill the position. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work. Here, you may find information regarding the status of your Labor Certification Petition.

The Department of Labor has implemented an electronic process for filing Labor Certification petitions known as PERM. Labor Certification petitions are now filed online through a process called PERM. PERM is short for Program Electronic Review Management. Under the new On-line system, employers may submit labor certification petitions without much of the paper work required in the past. An employer or its representative logs on to the department of labor web site to complete and submit the required application - Form ETA 9089. However, employers are required to preserve the paper work and evidence underlying the recruitment effort and demonstrate their compliance with the required attestations. After the petition is submitted, applicants may also monitor the progress of the petition online at DOL's web site.

Nurses, Physical Therapists, and Physicians who work in underserved areas are exempt from the labor certification requirement. They may file an I-140 petition for permanent residency with out first obtaining labor certification.

Click here to read the new regulations on transfers of labor certifications effective July 2007.

Click here to review the memorandum that discusses various issues affecting the validity of labor certification petitions and priority dates.

245i Adjustment of status for illegal entrance and overstays

245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved.

In order to qualify for adjustment of status under Section 245(i), an alien who entered with or without inspection or who has accumulated more than 6 months or 1 year of unlawful residence unlawful residence may remain in the United States and seek adjustment of status, if they qualify under the conditions below:

They were the beneficiary of a green card or labor certification petition filed on or before April 30, 2001;
They have resided in the US continuously since after filing said application;
They are the present beneficiary of a green card petition as an immediate relative or other basis with a visa number presently available; and
They complete and file the I-485a (supplement) with the additional fee of $1,000.

Those illegal entrants who have never in the past been the beneficiary of a green card or labor certification petition do not qualify for adjustment of status under section 245(i). Those who entered with inspection but overstayed by 6 months or more may file for adjustment of status if they qualify and apply as an immediate relative of a US citizen.

The USCIS issued a 245i memorandum summarizing the requirements to qualify for this benefit.

Travel Documents / Advanced Parole

Aliens who have applied for permanent residency are expected to remain in the United States while the petition is in process. During this period, they may only travel out of the United States after obtaining a travel document. The travel document permits the intending immigrant to re-enter the United States during the period when his/her permanent residency petition is still in process.

Permanent Residents Re-Entry Permits

Permission To Travel by Permanent Residents - Re-entry Permits

Those aliens who have been admitted to permanent residency are presumed to intend to reside and work permanently in the United States. They may lose the status if they abandon or fail to maintain their continued residency. Extended trips outside of the United States may reflect an intention to abandon U.S. permanent residency, especially if such extends beyond one year. A re-entry permit allows a permanent resident to re-enter after a prolonged absence from the United States for up to years. A request to re-enter is made prior to departure from the United States.

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