Permanent Labor Certification for Foreign Workers

To protect the jobs of American workers; ensure that the wages and working conditions of U.S.

workers will not be adversely affected by the admission of foreign workers; and assist employers by supplementing the work force with needed skills.



Agency - Department of Labor

The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.

Office - None.

All application materials, inquiries, and other correspondence regarding the Permanent Labor Certification Program should be sent to sent to: Office of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 Telephone: (404) 893-0101 Fax: (404) 893-4642.



Program Accomplishments

Fiscal Year 2016: In FY 2016, the Department processed 126,143 PERM applications and 133,242 Prevailing Wage Determination requests. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

Employers may, upon meeting certain conditions of employment, use this assistance to seek the admission of foreign workers for positions in the United States, provided that the employment of such foreign workers will not adversely affect the wages and working conditions of similarly-employed U. S. workers.

Eligibility Requirements

Applicant Eligibility

Under Section 212 (a)(5)(A) of the Immigration and Nationality Act, foreign workers who seek to immigrate to the United States for employment shall be excluded from admission unless the Secretary of Labor determines and certifies to the Secretary of State and Secretary of Homeland Security that there are not sufficient U.S.

workers available for the position and that the employment of such foreign workers will not adversely affect the wages and working conditions of similarly-employed U.S.

workers.

The certified employer must hire the foreign worker as a full-time employee; there must be a bona fide job opening available to U.S.

workers; and job requirements must adhere to what is customarily required for the occupation in the U.S.

and may not be tailored to the foreign worker's qualifications.

In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.

The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Beneficiary Eligibility

Any employer who is unable to find qualified U.S. workers to meet his or her needs and seeks to hire a foreign worker to fill a given job vacancy on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. An employer who seeks to employ a foreign worker whose category of employment is included in the Department of Labor, Schedule A list of pre-certified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file an application directly with the appropriate U.S. Citizenship and Immigration Services Office.

Credentials/Documentation

Employers seeking labor certification, and thereafter filing an immigration petition to sponsor a foreign worker for employment-based permanent residency, must document that worker's education, experience, and job qualifications to the satisfaction of the U.S. Citizenship and Immigration Services. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

Prior to filing the application for permanent employment certification, the employer must request a prevailing wage determination from the National Prevailing Wage Center (NPWC).

When filing, the employer must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Employers must file labor certification applications for permanent employment directly with the Atlanta National Processing Center (except for Schedule A occupations). See https://www.foreignlaborcert.doleta.gov/perm.cfm for additional details.

Award Procedures

If the Office of Foreign Labor Certification approves the application, the application form is 'certified' (approved) by the Certifying Officer and returned to the employer/agent who submitted the application. The labor certification is then filed by the sponsoring employer in support of its immigrant worker petition with the United States Citizenship and Immigration Services (USCIS).

Deadlines

Not Applicable.

Authorization

Immigration and Nationality Act of 1952, as amended, Sections 101 (a) (15) H (II), 214 (c) and 212 (a) (5) (A). Unless otherwise stipulated, recipients are subject to Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule on December 26, 2013 and found at 2 CFR Part 200 along with the OMB approved exceptions for DOL at 2 CFR Part 2900 published on December 19, 2014 in the Federal Register., Public Law 82-414, 66 Stat. 163, 8 U.S.C 1101 et seq.

Range of Approval/Disapproval Time

Timeframe for processing of permanent labor certification applications varies with the circumstances of each case.

Appeals

The permanent labor certification program provides for reconsideration by a Certifying Officer and/or administrative review by the Department of Labor's Board of Alien Labor Certification Appeals (BALCA) upon the employer's request.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program. Matching requirements are not applicable to this program. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Employer applications may be filed at any time. See the following for information on how assistance is awarded/released: Assistance is provided to employer applicants based on the order in which the applications are received.

Post Assistance Requirements

Reports

No reports are required.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. Selected audits are conducted by the Department of Labor.

Records

The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification.

Financial Information

Account Identification

16-0179-0-1-999.

Obigations

(Salaries) FY 16 $12,000,000; FY 17 est $12,000,000; and FY 18 est $12,000,000 - Funds for the Permanent Labor Certification Program are not appropriated separately from other foreign labor certification funds.

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines, and Literature

References in the Code of Federal Regulations: For permanent employment-Title 20, CFR Part 656. Applicable statutes, regulations, and policies are described on the Employment and Training Administration, Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov .

Information Contacts

Regional or Local Office

None. All application materials, inquiries, and other correspondence regarding the Permanent Labor Certification Program should be sent to sent to: Office of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 Telephone: (404) 893-0101 Fax: (404) 893-4642.

Headquarters Office

John Ake 200 Constitution Ave., N.W., Washington, District of Columbia 20210 Email: ake.john@dol.gov Phone: (202) 513-7350

Criteria for Selecting Proposals

Not Applicable.


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