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Requirements for Filing a PERM Labor Certification

  • Applications filed on or after March 28, 2005, must file using the PERM process;
  • The employer must hire the foreign worker as a full-time employee;
  • There must be a bona fide job opening available to US workers;
  • Job requirements must adhere to what is customarily required for the occupation in the US and may not be tailored to the worker’s qualifications. In addition, the employer must document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity; and
  • The employer must pay at least the prevailing wage for the occupation in the area of intended employment.