Salary Requirements in their PERM Labor Certification Hiring Process

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Employers must make a critical decision when determining the appropriate wage range for a new recruit.

Employers must pay particular attention to prevailing wage data and other legal obligations while employing through the Permanent Labor Certification (PERM) program. As a result, when employing PERM labor certification, companies must also take compensation standards into account during the hiring process.

While the Department of Labor (DOL) will not approve labor certification applications if salaries are too low or too high for the occupation and location indicated in the application, failing to do so could result in costly errors. These rules must be understood by employers in order to avoid costly errors while posting job positions.

What is PERM Labor Certification?

The United States PERM labor certification program is in place. The Employment and Training Administration of the Department of Labor (ETA). When hiring foreign workers on a long-term basis, companies must submit an application form called an “ETA Form 9089”.

Employers must describe in detail the employment requirements for foreign workers, including the required remuneration, on the PERM form. As their pay cannot fall below the specified salary threshold for the post, this helps to ensure that international workers are paid a fair rate and are not unjustly competing with American workers for the same employment position.

PERM labor certification is a crucial component of the hiring process for companies wishing to employ foreign nationals in the United States since it enables them to pay their staff a living wage while remaining in compliance with immigration rules and regulations.

How does PERM Labor Certification Affect your Job Listing?

When hiring foreign labor, one of the requirements employers must follow is PERM Labor Certification. Employers are required to ensure that payment information is included in job postings in order to comply with Department of Labor requirements. This will guarantee that candidates are not only paid fairly but also aware of what to expect financially before submitting their applications.

Companies employing PERM Labor Certification will need to make sure their job advertising also lists any potential bonuses, supplementary remuneration, and any other kinds of payment that could potentially apply to new workers in light of the adoption of additional wage transparency rules. This offers international workers a trustworthy means of understanding their pay and benefits upon acceptance of the job.

This not only enables employers to maintain compliance and the confidence that their job advertisements are current, but it also gives potential employees the peace of mind that they will be paid fairly for the task they will be doing.

What to Consider When Setting Salary Requirements

When it comes to setting salary requirements for positions that require PERM labor certification, there are several factors employers must take into account.

  1. To make sure they are paying the proper wage rate, employers must acquire a prevailing wage determination from the State. The Department of Labor’s (DOL) PERM regulations require this. This can be done by submitting a Wage and Hour Division Form WH-376, which computes a pay scale that has been officially approved.
  2. Businesses must ensure that their compensation range conforms to DOL-PERM rules and the norms set by the market. In order for potential employees to know the compensation range for a position before applying for it, they should also provide a pay scale for every position included in any job offer.
  3. Employers should check their postings to make sure they comply with all applicable federal and state laws regarding the reemployment of qualified US workers and other requirements of the DOL PERM regulations when hiring through channels other than Job Bank US or SWA job order advertising.

Is there Flexibility in Salary Requirements?

In order to prevent candidates from being underpaid or subjected to discrimination, firms are increasingly compelled to publish pay ranges when posting job positions. These pay range criteria, however, rarely have an impact on the permanent labor certification (PERM) procedure needed for some employer-sponsored foreign workers, which involves an assessment of the American labor force and the job market.

In most circumstances, the Department of Labor’s labor certification procedure employs “prevailing wage” rates as an established benchmark by which firms must pay their new recruits rather than asking them to disclose compensation for the positions they are attempting to fill. These prevailing wage rates are based on things like position title, location, and responsibilities.

Yet, there are some circumstances where the regulations requiring employers to disclose salary information in job advertising may have an impact on the PERM certification of specific foreign workers. For instance, companies must provide a “salary floor” that is directly correlated to the prevailing wage rate or higher on their job postings in California and New York City—and possibly other locations as well. This means that regardless of what is established in the Prevailing Wage Determination, firms that want to sponsor a foreign worker through the PERM procedure in one of these jurisdictions would have to meet this higher wage floor (PWD). Therefore, the United States would not recognize the PERM labor certification. On behalf of sponsors of international workers, Citizenship and Immigration Services (USCIS).

How can Employers Best Comply with these Regulations?

Businesses must be aware that PERM labor certification laws must be strictly followed with regard to both the pay they indicate in job advertisements and the ones they offer to their new hires. Employers should keep in mind the following best practices to make sure their approach is legal:

  1. Determine a fair salary range for a position, and include the range in all job listings or advertisements.
  2. Make sure that the hiring process itself includes salary information and that pay is in line with industry standards and market conditions.
  3. Post a Notice of Filing at the worksite that identifies the position, specifies its requirements, and states the planned wage range for any PERM labor certification applications.
  4. Verify that any pay offered is not below prevailing wage requirements and is in line with local competition for similar employment.
  5. Only submit the application once the hiring process has been completed and there are no qualified candidates on hand to fill the position in accordance with the standards in the job description and the going rate of pay.

How Should Employers Adjust Job Listings when using PERM Labor Certification?

While a PERM Labor Certification is in force, companies should revise the compensation standards in job advertisements to ensure they are acceptable. This can help to guarantee that the listing satisfies all PERM criteria. Here are a few pieces of advice:

  1. Provide a suitable salary range in the job posting or advertisement. The range should be based on actual salaries paid and/or provided to other individuals with comparable training and credentials for similar jobs carried out in the same locale.
  2. Make sure the position is posted for 30 days straight in a state-approved job bank and that at least three recruiters get resume requests for referrals to suitable U.S. workers for interviews.
  3. Put two Sunday newspaper ads in a publication with a general distribution that must be printed and distributed within 30 to 180 days prior to submitting a request for permanent labor certification, and then submit your application in accordance with DOL guidelines.

Employers utilizing PERM Labor Certification can make sure that their job postings adhere to all essential standards and still provide appropriate compensation criteria for their positions by following these easy instructions.

Resources Available to Employers When Using PERM Labor Certification

Employers must adhere to the Department of Labor’s salary criteria when utilizing the PERM labor certification process (DOL) and have access to a wealth of tools and regulations to ensure compliance.

One such tool that offers advice and information to companies on the wage requirements for labor certifications is the Department of Labor’s Wage and Hour Online System (WHD). This approach aims to provide companies with the tools and knowledge to successfully use PERM to hire foreign workers and understand their legal responsibilities.

Other helpful resources available to employers include:

  • On the website of the Employment and Training Administration of the DOL, you can learn about the PERM filing requirements, typical regional salaries, and filing forms.
  • A free consultation on PERM labor certifications is provided to employers by the American Immigration Lawyers Association (AILA).
  • Information on employer compliance in PERM labor certification cases may be found in a number of trade journals.

Employers must ensure they are following labor certification rules and laws to remain competitive.

Employers looking to fill positions can use the PERM Labor Certification program of the Department of Labor. To remain in compliance with PERM and other laws, as well as to make sure they are paying a fair and market-competitive rate, these businesses must carefully analyze their salary needs. Companies that think about their pay requirements before hiring will have an advantage, providing them with the best chances to find the top candidates and build a successful team.