Labor Certification: A Critical Step for the EB-3 Visa

A Labor Certification, often referred to as PERM (Program Electronic Review Management), is required by the U.S. Department of Labor (DOL) to ensure hiring a foreign worker will not harm U.S. employees’ wages or job opportunities. This certification is a cornerstone of the EB-3 visa process. Here’s how it fits into employment based immigration:

What Is Labor Certification (PERM)?

Labor Certification is an approval from the DOL stating that no qualified U.S. workers are ready, willing, and available for a specific position. It also verifies that hiring a foreign national will not push down local wage standards. This requirement applies to most EB-3 applicants, including skilled workers, professionals, and unskilled workers (other workers).

Key Steps in the Labor Certification Process

1. Job Description & Wage Determination
   • The employer outlines job duties and obtains a prevailing wage determination from the DOL.
   • The wage must be at least as high as the prevailing wage for similar roles in the region.
2. Recruitment Efforts
   • The employer advertises the position via newspapers, online postings, and other channels.
   • They must record and analyze all U.S. applicants, showing no equally qualified candidate is available.
3. Filing ETA Form 9089
   • After recruitment, the employer submits Form 9089 to the DOL, providing details about the job, salary, and foreign worker’s qualifications.
4. Approval
   • If the DOL agrees there’s no suitable U.S. worker, it approves the Labor Certification. The employer can then proceed to file an Immigrant Petition for Alien Worker (I-140) with USCIS.

Why Labor Certification Matters for EB-3

• Regulatory Compliance
  It meets the INA (Immigration and Nationality Act) standards for hiring foreign employees.
• Foundation for the I-140
  A certified PERM is typically mandatory before your EB-3 visa employer petition can be submitted.
• Fair Wage Assurance
  Ensures you receive appropriate compensation, preventing underpayment compared to local U.S. workers.

Conclusion

A Labor Certification is the first critical step for many EB-3 applicants. By demonstrating fair recruitment efforts and acceptable wage levels, employers confirm they’re not displacing American workers. Once approved, the EB-3 process advances to the I-140 stage, bringing you closer to lawful permanent residence in the United States.