Understanding Eligibility for PERM Labor Certification

Introduction

PERM labor certification is a key step in many employment-based green card cases. It is generally an employer-driven process through which the U.S. Department of Labor evaluates whether hiring a foreign worker for a permanent position is consistent with applicable labor market protections. Understanding the basic eligibility requirements can help employers and prospective employees prepare for the process more effectively.

What Employers Need to Establish

PERM is generally used for a permanent, full-time job opportunity. The sponsoring employer must be prepared to offer employment under the terms represented in the labor certification and satisfy the applicable Department of Labor requirements. The employer, rather than the foreign worker, is generally responsible for filing the PERM application.

The position must have clearly defined duties and minimum requirements. Employers should be able to explain why the stated education, training, and experience requirements are necessary for the position. Requirements should reflect the actual needs of the job rather than being created primarily around the qualifications of the prospective foreign employee.

Recruitment and the U.S. Labor Market

A central part of PERM eligibility involves testing the U.S. labor market through required recruitment. The purpose is generally to determine whether there are qualified U.S. workers available for the offered position. Employers must follow the applicable recruitment procedures and maintain appropriate records of their efforts.

The employer must also obtain a prevailing wage determination for the position as part of the PERM process. The offered wage must meet the applicable requirements. Because the recruitment and wage stages can involve detailed procedural requirements, employers should evaluate the case carefully before beginning recruitment.

Conclusion

Eligibility for PERM labor certification depends on more than simply having a foreign employee who meets the requirements of a job. The employer, position, wage, recruitment process, and documentation must all be considered as part of the overall case. Careful preparation can help identify potential issues before the application is submitted.

This article is provided for general informational purposes and does not constitute legal advice. PERM requirements and employment immigration procedures may change and can vary based on the circumstances of a particular case. Employers and foreign workers should consult a qualified immigration attorney for advice regarding their individual circumstances.