What is Labor Certification, including PERM, RIR and Standard?

• What is Labor Certification?
• Basic Requirements for all Labor Certification Applications
• What is PERM?
• What is RIR?
• What is "Standard" Labor Certification Processing?
• Are There Any Employment-Based Alternatives to Labor Certification?
• Completing the Green Card Application Process at USCIS

What is Labor Certification?

"Labor certification" is the most widely used employment-based opportunity for obtaining a green card.  Labor certification requires a U.S. employer to prove that there are no minimally qualified U.S. workers for the position.  Once the U.S. Department of Labor "certifies" this application, the employer will be able to apply to the U.S. Citizenship and Immigration Services (CIS) for permanent residency (a "green card") for the foreign employee.

Labor certification must be considered in two time frames. Applications filed before March 28, 2005, will be processed either under "standard" procedures or under "Reduction in Recruitment" or "RIR." Applications filed on or after March 28, 2005, will be processed under a completely new program called "Program Electronic Review Management," more commonly known as ("PERM").

Basic Requirements for all Labor Certification Applications

Whether the labor certification application is filed under PERM, RIR, or "standard" procedures, several basic requirements are exactly the same:

• Full-time employee. The employer must hire the foreign worker as a full-time employee, not part-time.
• Permanent job. The employer must be offering a permanent position. Temporary or seasonal positions do not qualify for labor certification. (Temporary or seasonal positions may qualify for a temporary work visa. They just don't qualify for permanent labor certification.)
• Reasonable job requirements. The minimum educational and experience requirements that the employer specifies for the position must be those customarily required for the occupation.  These requirements cannot be tailored to the background of the employee for whom the application is filed. In addition, the employer must establish that the educational and experience requirements are not "unduly restrictive."  Any unusual job requirements must be shown to be a "business necessity."
• Wage must be higher of prevailing wage or actual wage. The employer must pay at least the "prevailing" wage for the occupation in the area of intended employment, which is essentially the average wage that other employers pay for similarly qualified workers. (The prevailing wage can be determined from the Department of Labor wage statistics or from salary surveys that meet certain strict criteria.) In addition, the employer must pay at least the "actual" wage, which is essentially the same wage that this employer pays to its own employees who are similarly qualified.

What is PERM?

PERM is the U.S. Department of Labor's most recent program for permanent labor certification program. It was officially promulgated on December 27, 2004. These are some of the key points of PERM:

• PERM rules must be followed for all labor certification applications filed on or after March 28, 2005.
• The U.S. employer must pay at least 100% (instead of only 95%) of the "prevailing wage," but now four wage levels (instead of only two) will be available.
• PERM labor certifications will be filed electronically (or by mail) directly with the DOL.
• DOL has set the goal for making decisions on the electronically filed PERM applications at 45–60 days (instead of months and years under the RIR or "standard" processes).

You can find more details about PERM labor certification procedures on our PERM labor certification page.

What is RIR?

Reduction in Recruitment or RIR is permanent labor certification program most commonly followed in the late 1990s and early 2000s. In terms of recruitment requirements and how the applications are prepared, RIR is quite similar to PERM and "standard" cases. The primary difference is how the government processes the application and how long the processing takes. Under RIR, the applications were filed with the state workforce agency (SWA), which conducted a preliminary review before forwarding the application on to the U.S. Department of Labor (DOL) for final review. Under PERM, the application goes directly to the DOL, either electronically or by mail. Processing under RIR frequently extended into years and years of waiting for a decision. Under PERM, DOL has a goal of processing the application within 45-60 days.

You can find more details about RIR labor certification on our RIR labor certification page.

What is "Standard" Processing?

Standard processing is the permanent labor certification program typically followed until the late 1990s. In terms of fundamental job-related requirements, "standard" processing is relatively similar to PERM and RIR. As with RIR cases, "standard" cases are subjected to a two-level application review process, with the states (SWAs) conducting a preliminary review and the federal DOL making the final determination. Unlike with PERM or RIR, standard processing rules require the applicants to send their resumes/applications to the SWA instead of directly to the employer. This process, commonly called "supervised" recruitment, was tedious and time-consuming for the government and employers. For that reason, RIR was typically favored, and more recently, PERM was promulgated with a March 28, 2005 effective date to replace both "standard" and RIR processing rules. Under PERM, the DOL can order supervised recruitment as a punishment for prior bad deeds of the employer, but otherwise is not used on the PERM program.

You can find more details about standard processing rules on our "standard" processing labor certification page.

Are There Any Employment-Based Alternatives to Labor Certification?

There are many employment-based alternatives to labor certification, including the Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB-1C), and National Interest Waiver (NIW) categories, among others.

Completing the Green Card Application Process at USCIS

Whether the labor certification was filed under the "standard" process or the "RIR" process, once the labor certification application is "certified" (i.e., approved) by the U.S. Department of Labor, the employer files an "Immigrant Petition for an Alien Worker" with the U.S. Citizenship and Immigration Services (USCIS) for the foreign worker.  If the employee is currently in the United States, the employee can also file an application for permanent residency together with work and travel authorization.