What is PERM (Labor Certification)?
PERM stands for “Program Electronic Review Management.” It is a process within the U.S. immigration system that is part of the employment-based green card (permanent residency) application process for certain foreign workers. Specifically, PERM is a labor certification process that employers must go through to demonstrate that there are no qualified U.S. workers available to fill a particular job position and that hiring a foreign worker will not negatively affect the U.S. job market.
The PERM process is typically required for certain employment-based immigrant visa categories, including those in the second and third preference (EB-2 and EB-3) employment-based categories. These categories include skilled workers, professionals, and other workers.
Here’s a basic overview of the PERM process:
- Job Advertisement and Recruitment: Before an employer can apply for a labor certification, they must actively recruit and advertise the job position to U.S. workers. This is done to ensure that there are no qualified U.S. workers available for the position.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is the minimum wage that must be paid to the foreign worker for the specific job and location.
- PERM Application: The employer files a PERM application with the U.S. Department of Labor (DOL). The application includes information about the job, recruitment efforts, prevailing wage, and the qualifications required for the position.
- DOL Review: The DOL reviews the PERM application to ensure that the recruitment efforts were genuine and that there are no qualified U.S. workers available for the job.
- Certification or Denial: If the DOL determines that the employer has met all the requirements and there are no qualified U.S. workers available, they issue a labor certification (Form ETA 9089). This certification is required for the employer to move forward with the employment-based green card application for the foreign worker. If there are issues or discrepancies, the DOL might deny the certification.
It’s important to note that the PERM process is not required for all employment-based green card applications. Certain categories, such as the EB-1 category (including EB-1C for multinational executives/managers), do not require labor certification.
The PERM process can be complex and time-consuming, involving specific advertising requirements and strict compliance with DOL guidelines. Employers and foreign workers considering employment-based green card applications should consult with an immigration attorney to navigate the process effectively and ensure compliance with all requirements.
How to complete the Labor Certification?
Completing the Labor Certification process (also known as PERM) involves several steps that an employer must follow to demonstrate that there are no qualified U.S. workers available for a particular job position. The process is designed to ensure that hiring a foreign worker will not negatively affect the U.S. job market. Here’s a step-by-step guide on how to complete the Labor Certification process:
Step 1: Determine Eligibility: Ensure that the job position and the foreign worker meet the eligibility criteria for the Labor Certification process. The job must be a bona fide job opportunity, and the foreign worker must meet the educational and experience requirements for the position.
Step 2: Obtain a Prevailing Wage Determination:
- Determine the wage that will be offered to the foreign worker.
- Request a prevailing wage determination from the U.S. Department of Labor (DOL). This determination provides the minimum wage that must be paid for the job in the specific location.
Step 3: Conduct Recruitment Efforts:
- Advertise the job position in a variety of recruitment sources as required by the DOL. These sources typically include online job postings, newspapers, and other relevant platforms.
- The recruitment efforts aim to reach a wide audience of potential U.S. workers.
Step 4: Collect Resumes and Applications: Collect resumes, applications, and other relevant documents from U.S. workers who respond to the job advertisements. Keep records of all applicants and their qualifications.
Step 5: Interview U.S. Applicants: If U.S. workers apply and meet the minimum qualifications, interview them as part of the recruitment process. Document the reasons for not selecting them if they are not hired.
Step 6: Prepare PERM Application (Form ETA 9089):
- Complete Form ETA 9089, which is the application for labor certification.
- Include detailed information about the job opportunity, the recruitment process, the foreign worker’s qualifications, and the prevailing wage determination.
Step 7: Submit PERM Application: Submit the completed Form ETA 9089 to the U.S. Department of Labor (DOL) electronically through the DOL’s online system. Include all required supporting documents, such as evidence of recruitment efforts, the prevailing wage determination, and other relevant materials.
Step 8: DOL Review and Decision:
- The DOL will review the submitted application and supporting documents.
- The DOL might issue a Notice of Deficiency (NOD) if there are issues or discrepancies in the application. Respond promptly with any requested information.
- If the DOL approves the application, they will issue a Labor Certification (Form ETA 9089) to the employer.
Step 9: Proceed with Green Card Application: With the approved Labor Certification, the employer can proceed with filing the employment-based green card application on behalf of the foreign worker. The Labor Certification is a crucial part of the green card application process.
The Labor Certification process can be complex and time-consuming, and it’s important to ensure that all steps are followed accurately and meticulously. Employers considering this process should consult with an immigration attorney who specializes in employment-based visas to navigate the process successfully.
How long does it take to complete the PERM process?
The duration of the PERM (Program Electronic Review Management) process can vary widely based on several factors, including the complexity of the case, the responsiveness of the employer, the current workload of the U.S. Department of Labor (DOL), and any potential issues or delays that may arise during the process. Here are some general guidelines for the timeline of the PERM process:
- Recruitment Period: The recruitment period, during which the employer advertises the job position and collects applications from U.S. workers, typically lasts around 60 days. This period is crucial to demonstrate that there are no qualified U.S. workers available for the position.
- DOL Review Period: Once the PERM application (Form ETA 9089) is submitted to the DOL, the review period can vary. The DOL processes applications in the order they are received and based on their current caseload.
- Regular Processing: The DOL’s regular processing time can take several months, ranging from 6 to 12 months or more. Delays may occur due to the volume of applications, the complexity of the case, and any issues that require further documentation.
- Audit or Denial: If the DOL determines that additional documentation or clarification is needed, they might issue an audit request. Responding to an audit request can extend the processing time. In some cases, an application might be denied if the DOL finds significant issues that cannot be resolved.
- Potential Delays and Processing Times: Delays can occur for various reasons, such as backlogs in the DOL’s processing, audits, requests for additional information, or other administrative reasons.
It’s important to note that these estimates are general guidelines and can change based on shifts in government policies, changes in caseloads, and other factors. To get the most accurate and up-to-date information on processing times for the PERM process, you can check the U.S. Department of Labor’s website or contact the DOL’s National Processing Center (NPC) for inquiries related to your specific case. Read more “list your business in the” “free and paid submission to the” “add your site” statistics
Employers and foreign workers considering the PERM process should also consult with an experienced immigration attorney to navigate the process effectively and address any potential delays or issues that might arise.
