Frequently Asked Questions About PERM Labor Certification

Introduction

For many employer-sponsored permanent immigration cases, the PERM labor certification process is an important early step. It is designed to confirm that an employer has tested the U.S. labor market and that hiring a foreign worker will not adversely affect similarly qualified U.S. workers. Because the process involves detailed requirements and documentation, employers and employees often have questions about how it works.

What Is PERM Labor Certification?

PERM, or Program Electronic Review Management, is the U.S. Department of Labor process used in many employment-based green card cases. Generally, the sponsoring employer must establish that there are no able, willing, qualified, and available U.S. workers for the offered position and that employing the foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers.

The process typically involves determining the appropriate prevailing wage, conducting required recruitment, and documenting the employer’s recruitment efforts. If the requirements are satisfied, the employer may submit the PERM application to the Department of Labor. The foreign worker generally does not file the PERM application personally; the sponsoring employer is responsible for the process.

How Long Does PERM Take, and What Happens After Approval?

PERM processing times can vary and may change depending on Department of Labor workload and whether the application is selected for an audit or otherwise requires additional review. Employers should therefore avoid relying on a fixed timeline when planning a permanent residence case.

After PERM approval, the employer may generally proceed to the next stages of the employment-based green card process, which can include filing an immigrant petition with U.S. Citizenship and Immigration Services. Depending on the worker’s circumstances and visa availability, adjustment of status or consular processing may follow. PERM approval itself does not grant permanent residence or immigration status.

Conclusion

PERM labor certification can be a complex and document-intensive part of the employment immigration process. The appropriate strategy and requirements can depend on the position, employer, recruitment history, and the employee’s individual immigration circumstances.

This article provides general information and is not legal advice. Immigration rules and procedures can change, and individual cases may involve additional considerations. Employers and foreign workers should consult a qualified immigration attorney regarding their specific circumstances before taking action.