MOST persons coming to the United States as Employment-Based Preference #2 or #3 aliens must obtain an alien labor certification, more commonly referred to as “PERM.” Permanent labor certification allows an employer to hire a foreign worker on a permanent basis. The certification is from the Secretary of Labor (Department of Labor) to the Secretary of State and the Attorney General that (1) there are not sufficient United States workers able, willing, qualified, and available at the time of application at the place where the alien is to perform such skilled or unskilled labor, and (2) the employment of such aliens will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Some of the requirements include: the job must be for a full-time, permanent position; the employer must show there is a bona fide job opening available to U.S. workers; job requirements must adhere to customary requirements as determined by the Department of Labor and may not be tailored to the foreign worker’s qualifications; the sponsoring employer must offer at least the prevailing wage as determined by the Department of Labor.

The process of obtaining PERM is very complicated, and the utmost care must be taken in preparing such application.

It should also be noted that individual labor certifications are generally not available to investors through the businesses in which they have invested or own stock.