Understanding Eligibility for PERM Labor Certification

Introduction

PERM, or the Program Electronic Review Management system, is the process generally used by a U.S. employer to obtain permanent labor certification from the U.S. Department of Labor (DOL) before sponsoring a foreign worker for certain employment-based permanent residence. Eligibility depends primarily on the employer, the permanent job opportunity, and compliance with DOL requirements.

Employer and Job Requirements

The PERM process is employer-driven. The sponsoring employer generally must be a U.S. employer with a valid Federal Employer Identification Number (FEIN) and a U.S. location where U.S. workers can be referred for the position. The job opportunity must generally be permanent and full-time.

The employer must also establish the actual minimum requirements for the position, including the education, training, experience, and other qualifications genuinely needed to perform the job. These requirements should reflect the employer’s legitimate needs rather than being created specifically to exclude otherwise qualified U.S. workers.

Before filing the PERM application, the employer generally must obtain a prevailing wage determination from the DOL. The employer must also follow required recruitment and notice procedures designed to test whether qualified, willing, and available U.S. workers can fill the position.

Requirements Involving the Foreign Worker

The foreign worker must meet the qualifications stated for the sponsored position by the relevant stage of the process. However, the PERM certification is not simply a determination that the foreign worker is qualified. The DOL’s role is also to determine whether there are sufficient U.S. workers who are able, willing, qualified, and available for the job and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.

Meeting PERM requirements does not by itself grant permanent residence. If the labor certification is approved, the employer generally proceeds with the next stage of the employment-based immigration process, which may include filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).

Conclusion

Understanding PERM eligibility is important because errors in the job requirements, prevailing wage process, recruitment, or application can affect an employer’s sponsorship process. Employers and foreign workers should carefully evaluate the requirements before beginning the process.

This article provides general information only and is not legal advice. PERM requirements and immigration procedures can be complex and may depend on the specific circumstances of the employer and foreign worker. Individuals considering PERM sponsorship should consult a qualified immigration attorney regarding their particular situation.