If your company employs foreign nationals on temporary work visas and you want to sponsor them for permanent residence, you will likely need to navigate the PERM labor certification process. This guide explains what PERM is, how it works, and what employers need to know.
What Is PERM?
PERM — which stands for Program Electronic Review Management — is the system administered by the U.S. Department of Labor (DOL) through which employers obtain labor certifications. A labor certification is required before an employer can file an immigrant petition for most EB-2 and EB-3 employment-based green card cases. The purpose of the process is to demonstrate that there are no qualified U.S. workers available and willing to fill the position at the prevailing wage.
Step 1: Prevailing Wage Determination
Before beginning recruitment, the employer must request a prevailing wage determination from the DOL. This establishes the minimum wage the employer must offer to the sponsored worker and advertise to U.S. applicants during the recruitment process. The DOL's processing time for prevailing wage determinations can vary, and the wage level assigned has significant implications for the overall case.
Step 2: Recruitment
Once the prevailing wage is determined, the employer must conduct a bona fide recruitment campaign to test the U.S. labor market. This includes mandatory job postings in two Sunday editions of a major newspaper in the area of intended employment, a State Workforce Agency job order, an internal notice of filing, and at least three additional recruitment steps selected from a list of options specified in the regulations.
Step 3: Documenting the Recruitment Results
The employer must document the results of every application received during the recruitment period. Each U.S. applicant who was considered but not hired must be assessed against the lawfully stated minimum requirements for the position, and the reasons for rejection must be documented.
Step 4: Filing the ETA-9089
After completing recruitment, the employer files Form ETA-9089 electronically through the DOL's FLAG system. Current PERM processing times can be lengthy — in some cases exceeding two years — making it essential to begin the process early and maintain the sponsored worker's nonimmigrant status throughout.
The Consequences of Errors
PERM is an unforgiving process. Errors in the recruitment process or the application can result in denials or audits that delay the case by years. The attorneys at Parikh & Prasad, PC guide employers through every stage of the PERM process with precision and care. Contact us to discuss your company's needs.
Related Practice Areas
Speak directly with an attorney
Schedule a free 15-minute consultation to discuss your immigration matter — no obligation.
Schedule a Free Consultation