Perm Process

The PERM process, short for Program Electronic Review Management, is a crucial part of the employment-based green card application process in the United States. Administered by the U.S. Department of Labor (DOL), PERM certification is designed to ensure that U.S. employers seeking to hire foreign workers for permanent positions do not displace qualified American workers.

 

What is PERM?

PERM is the first step in the employment-based green card process for foreign workers. It certifies that the U.S. employer has tested the domestic labor market and confirms there are no qualified U.S. workers available or willing to fill the position. By ensuring that the hiring of a foreign worker won’t adversely affect U.S. wages and working conditions, the PERM process helps balance the protection of U.S. workers with the need for skilled foreign employees.

 

When is PERM Required?

PERM is required for employment-based green card categories in the EB-2 and EB-3 visa classifications. These categories typically include positions that require either:

  • Advanced degrees (EB-2) or
  • Professional, skilled, or unskilled workers (EB-3).

Not all employment-based categories require a PERM certification. For instance, workers applying for an EB-1 visa, such as multinational executives, outstanding professors, or individuals of extraordinary ability, are exempt from the PERM process.

 

Key Steps in the PERM Process

  1. Job Description and Requirements: The employer must first develop a detailed job description, including minimum qualifications, duties, experience, and education requirements. These requirements must be standard for the occupation and should not be tailored to fit the qualifications of the foreign worker.

  2. Prevailing Wage Determination: The U.S. employer must request a Prevailing Wage Determination (PWD) from the Department of Labor. The PWD ensures that the wage offered to the foreign worker meets or exceeds the standard wage for that occupation in the geographic area of employment. The employer must offer at least this wage to the foreign worker.

  3. Recruitment Process: The employer is required to undergo a recruitment process to test the U.S. labor market. This includes:

    Two Sunday newspaper advertisements in a major newspaper of general circulation.
    Job posting with the State Workforce Agency (SWA) for at least 30 days.
    Internal notice of the job opportunity at the employer’s worksite.

    In addition to these mandatory steps, for professional positions, the employer must also complete at least three additional recruitment steps from a list provided by the DOL, which may include job fairs, use of recruitment agencies, or advertising on job boards like LinkedIn.

  4. Review of Applicants: The employer must carefully review all applications and resumes received during the recruitment process. If qualified U.S. workers are identified, the employer must explain why they were not hired. The employer is not required to hire underqualified applicants but must genuinely consider all qualified U.S. candidates.

  5. Filing the PERM Application: If no qualified U.S. workers are found, the employer can then file the ETA Form 9089, electronically or by mail, with the Department of Labor. The form includes details about the job, the recruitment process, and the foreign worker being sponsored. The DOL reviews the form to ensure compliance with all requirements.

  6. PERM Decision: The DOL will issue a decision on the PERM application. If approved, the employer can proceed with the next steps in the employment-based green card process (filing the I-140 petition and applying for adjustment of status or consular processing). If denied, the employer may appeal or file a new application.

 

Processing Times

The PERM process can take several months to complete. Here’s a general timeline breakdown:

  • Prevailing Wage Determination: 6 months.
  • Recruitment Process: 2-3 months.
  • PERM Application Review: Typically, it takes 12-13 months. If the case is selected for an audit (which occurs in about 25-30% of cases), processing may take an additional 6-12 months.

 

PERM Audits

A PERM audit occurs when the Department of Labor requests additional documentation to ensure the employer follows all required recruitment and hiring practices. Employers must respond to the audit within 30 days, and the DOL will then take several months to review the additional materials. Common reasons for audits include incomplete job advertisements, insufficient documentation, or employer recruitment practices that raise red flags.

 

Employer Responsibilities and Challenges

The PERM process imposes several obligations on employers. They must follow strict rules regarding job postings, recruitment timelines, and documentation. Employers should be prepared to demonstrate they have complied with all requirements and can provide a good-faith reason for rejecting U.S. candidates, if applicable. This process requires meticulous documentation and careful attention to detail.

 

Conclusion

The PERM process is a vital step in obtaining employment-based green cards, helping U.S. companies bring qualified foreign talent to their operations. For employers, understanding and navigating the complex steps of PERM certification can ensure compliance and pave the way for a successful green card petition.

If you need guidance on the PERM process or are looking to sponsor an employee for a green card, our team of immigration experts at the Law Office of Dharmik Barot is here to assist you every step of the way.