| Employers, public or private, who wish to hire aliens to fill open positions must obtain labor certifications from the United States Department of Labor (DOL). Although a few occupations have blanket certifications, the majority of labor certifications are obtained through individual certification applications. Either aliens or employers may file the applications or supporting documents, or their agents or attorneys may do so on their behalf. In either case, the proper preparation and filing of the application is extremely important.
Preparation
The form that must be filed to request an alien labor certification is called an Application for Alien Employment Certification. This form has two parts. Part A, which is completed by the employer, is called the Offer of Employment. Part A contains a description of the job offer, the duties of the job, and the job requirements, including the education, training, and experience the employer believes is necessary to do the job properly. Part B, which is completed and signed by the alien, is called the Statement of Qualifications.
In December 2004, the DOL published a new rule governing the labor certification process called the Program Electronic Review Management (PERM). Under PERM, an Internet-based system was established. Under PERM, a basic labor certification is used for all occupations other than those listed on Schedule A, Sheepherders, and those using the optional process for College and University teachers. Applications may still be submitted via mail, but applications submitted on-line will be processed more quickly.
Filing
Re-filing of pre-PERM applications is permitted for job-opportunities identical to the one pending. However, the DOL did not intend for re-filing to be the same as converting a pre-PERM application to one under the PERM system. In order to re-file, an employer would have to undergo the time and expense of new recruitment under a newer prevailing wage. This is permissible, as long as no job order on the pending labor certification had been issued.
Consideration
In assessing applications, the DOL uses the Dictionary of Occupational Titles (DOT), a listing of different jobs, including a description of each job and the amount of education, training, and experience that is needed to do each job. The DOT uses special rules when calculating how to credit an applicant's education. For example, an associate's degree counts as two years' experience if it is specific to the field of training, a bachelor's degree counts as two years' experience, and a master's degree counts as two years' experience. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |