PERM

When applying for certain employment-based green cards in the United States, obtaining PERM Labor Certification is often one of the most crucial steps. The Program Electronic Review Management (PERM) is a process managed by the U.S. Department of Labor (DOL) to ensure that hiring a foreign worker will not negatively affect the wages and job opportunities of U.S. workers. For green card categories like EB-2 (Professionals with Advanced Degrees) and EB-3 (Skilled Workers and Professionals), a successful PERM certification is essential.

At DIY My Green Card, we’re here to break down the PERM process and guide you through every step, so you can confidently navigate this part of your green card application.

What is PERM Labor Certification?

PERM Labor Certification is a formal process that employers must go through to hire a foreign worker permanently for a specific job. The DOL requires this certification to confirm that there are no qualified U.S. workers available for the position and that the hiring of a foreign worker will not negatively impact the U.S. labor market. Only after obtaining a PERM certification can the employer file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS).

Why is PERM Labor Certification Important?

The PERM process is designed to protect U.S. workers by ensuring:

• No Adverse Impact: Hiring a foreign worker won’t adversely affect the wages or working conditions of similarly employed U.S. workers.

• Fair Wages: The foreign worker will be paid at least the prevailing wage for the job in the location where they will be employed.

• Labor Market Test: The employer must test the U.S. job market to ensure no qualified U.S. workers are willing and able to fill the position.

Steps Involved in the PERM Process

The PERM process involves several steps that both the employer and the foreign worker need to complete. Here’s a detailed breakdown of each step:

1. Determine the Job Requirements and Duties

• The employer must clearly define the job role, including the job title, detailed job duties, minimum educational requirements, experience, and any special skills required.

• The job requirements must be consistent with what is typically needed for the position in the industry to avoid the appearance of bias toward a foreign worker.

2. Prevailing Wage Determination

• The employer submits a Prevailing Wage Request to the DOL to determine the minimum wage that must be offered to the foreign worker. This ensures that the wage aligns with the average salary for that position in the specific geographical area.

• The DOL issues a Prevailing Wage Determination based on factors such as the job location, duties, and required education or experience.

3. Recruitment and Advertising

• The employer must conduct a recruitment campaign to test the U.S. labor market and show that there are no qualified U.S. workers available for the position. This involves:

  • Posting a Job Order: The employer must place a job order with the State Workforce Agency (SWA) for at least 30 days.

  • Two Print Advertisements: Two advertisements must be published on two different Sundays in a widely circulated newspaper in the area of intended employment.

  • Internal Posting: The job must be posted internally at the employer’s place of business for 10 consecutive business days.

  • Additional Recruitment: For professional positions, the employer must conduct at least three additional recruitment steps, such as posting on the employer’s website, using recruitment agencies, or attending job fairs.

• The employer must accept and review all applications received during this recruitment period and document that there are no qualified and willing U.S. workers available for the job.

4. Filing the PERM Application (Form ETA-9089)

• Once the recruitment process is complete and if no qualified U.S. workers are identified, the employer can file the PERM application (Form ETA-9089) with the DOL electronically through the DOL’s PERM online system or by mail.

• The PERM application includes detailed information about the job, the foreign worker, the recruitment efforts, and the prevailing wage determination.

5. DOL Review and Decision

• After submitting Form ETA-9089, the DOL will review the application to ensure compliance with labor market standards. This review includes checking the accuracy of job details, recruitment efforts, and the prevailing wage offered.

• The DOL may approve the application, issue an audit notice for further verification, or deny the application based on discrepancies or issues.

What Happens If the PERM is Audited or Denied?

• Audit: The DOL may select applications for an audit at random or based on specific triggers. In this case, the employer must provide additional documentation to verify compliance with the PERM process. An audit will delay the overall processing time.

• Denial: If the PERM application is denied, the employer can file a request for reconsideration with the DOL or submit an appeal to the Board of Alien Labor Certification Appeals (BALCA).

After PERM Approval: What’s Next?

Once the DOL approves the PERM application, the employer can proceed to the next step:

• File Form I-140: The employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS, using the approved PERM certification as part of the petition.

• Priority Date: The priority date established by the PERM approval is used to determine when the foreign worker can apply for adjustment of status or consular processing to receive their green card.

How Long Does the PERM Process Take?

The entire PERM process can take several months:

• Prevailing Wage Determination: 3 to 4 months.

• Recruitment Process: At least 60 days.

• PERM Application Processing: Generally takes 6 to 12 months, but processing time may vary depending on DOL workload and whether an audit is triggered.

Tips for a Successful PERM Application

• Thorough Recruitment: Follow the DOL’s recruitment requirements carefully to avoid any issues during the review.

• Accurate Documentation: Keep detailed records of recruitment efforts, including job postings, interview notes, and applicant resumes, as they may be requested during an audit.

• Professional Guidance: Given the complexities of the PERM process, consider seeking professional guidance to ensure compliance and accuracy in filing.

Conclusion

The PERM Labor Certification is a critical step in securing an employment-based green card for foreign workers. By testing the U.S. labor market and meeting all DOL requirements, employers can successfully demonstrate the need to hire foreign talent. At DIY My Green Card, we’re here to guide you through each stage of the PERM process, ensuring that you meet the requirements and move closer to your goal of obtaining a green card.

Ready to start your PERM journey? Contact us to learn how we can support you through this essential part of your green card application process.