Labor certification refers to the permanent labor certification (referred to as PERM) that employers must receive before applying for a visa for non-U.S. citizens that the employer wishes to employ within the U.S. The employer must go through a set of procedures attempting to hire U.S. employees and only if unsuccessful may they apply for a labor certification for a foreign applicant. If a job does not qualify for an exception like for national interests or for skilled-labor, a foreign employee must receive a labor certification to work long-term in the United States.
To receive a labor certification, the employer must first establish a legitimate job posting with the accurate details of the job and experience requirements. After this, the employer must receive a prevailing wage determination that will set a minimum compensation for the job posting. This requirement ensures that U.S. employers are not attempting to offer lower wages than U.S. citizens will accept because foreign employees will. The employer then must follow guidelines for posting the job for at least 30 days in different locations. Only if no qualified applications are submitted may the employer file for a labor certification for a foreign applicant. It is important to note that if the Department of Labor (DoL) suspects that the employer is not being honest in the process, the PERM application may be rejected or audited. For more information, see the DoL website here.
[Last updated in March of 2022 by the Wex Definitions Team]