What You Should Know About PERM Labor Certification

Introduction

PERM, or Program Electronic Review Management, is the process the U.S. Department of Labor (DOL) generally uses to certify that a U.S. employer may hire a foreign worker for a permanent position in the United States. For many employment-based green card cases, PERM is an important step before the employer files an immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The process is designed to protect U.S. workers while allowing employers to sponsor qualified foreign workers when the required conditions are met.

How the PERM Process Works

The PERM process is generally handled by the sponsoring employer rather than the foreign worker. The employer first identifies a permanent, full-time job opportunity and determines the actual minimum requirements and duties for the position. The employer must then obtain a prevailing wage determination from the DOL’s National Prevailing Wage Center before filing the PERM application.

The employer must also complete required recruitment activities designed to test the U.S. labor market. These requirements vary depending on the type of position. The purpose is to determine whether there are able, willing, qualified, and available U.S. workers for the job and whether hiring the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.

What Happens After PERM Certification?

If the DOL certifies the PERM application, the employer can generally proceed with the next stage of the employment-based immigration process. Depending on the worker’s category and circumstances, this may involve filing an immigrant petition with USCIS and eventually pursuing permanent residence through adjustment of status or consular processing.

PERM certification has a limited validity period. The DOL states that a certified labor certification must be submitted to USCIS within 180 days or it expires. Because the PERM process involves specific recruitment, wage, documentation, and filing requirements, careful preparation is important.

Conclusion

PERM labor certification can be a significant step toward employment-based permanent residence. Understanding the employer’s responsibilities, prevailing wage requirements, recruitment process, and timing can help applicants better understand how this stage fits into the broader immigration process.

This article is provided for general informational purposes and does not constitute legal advice. Employment-based immigration requirements can vary depending on the facts of a particular case. Individuals and employers considering PERM sponsorship should consult a qualified immigration attorney regarding their specific circumstances and options.