Understanding PERM Labor Certification

The U.S. Department of Labor (DOL) has put in place a stringent process, known as the Permanent Labor Certification or PERM, to safeguard U.S. workers and the job market. This process ensures that foreign workers don't take up positions that could otherwise be filled by qualified U.S. workers. Let's delve deeper into the nitty-gritty of the PERM Labor Certification.

What Is PERM Labor Certification?

The PERM Labor Certification is the initial phase in the application process for employment-based lawful permanent residency, commonly referred to as a green card. The primary goal of this certification is to protect U.S. workers and the job market by ensuring that foreign workers are not occupying positions that U.S. workers could potentially fill.

The Role of the Department of Labor and USCIS

Once a PERM Labor Certification application is approved by the DOL, the employer must then seek immigration authorization from the U.S. Citizenship and Immigration Services (USCIS). The DOL must certify to the USCIS that there are insufficient U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment.

The PERM Process

The PERM process involves a series of steps that must be diligently followed by the employer. These steps involve conducting a series of permissible recruitment efforts, submitting the Labor Certification application to the Department of Labor, and responding to any audits or requests for additional documentation.

PERM Labor Certification Requirements

To qualify for the PERM process, the employer must meet specific requirements. These include having an existing permanent job offer by a U.S. employer, offering wages equal to or above the DOL prevailing wage, and providing evidence that no qualified U.S. workers are available for the position.

The Recruitment Process under PERM

The recruitment process under PERM involves mandatory steps such as placing a job order with the State Workforce Agency and conducting additional recruitment methods for professional positions. These procedures must be completed within six months of filing the PERM application.

Documentation Required for PERM Labor Certification

Critical documentation includes a comprehensive local labor market analysis, approved documented evidence, prevailing wage request, job orders, newspaper ads, prints of website job ads, and more.

How Long Does PERM Process Takes?

The processing time for PERM varies, but it generally falls between 430 and 700 days. This timeframe includes everything from the time the process is initiated until the PERM is approved.

Rejecting Applicants and PERM Audit

The employer must create a recruitment report detailing the reasons for rejecting U.S. applicants. If the DOL or Certifying Officers are not satisfied with the information provided, the employer may run the risk of receiving an audit.

Costs Associated with PERM Labor Certification

While the DOL does not charge a filing fee for the PERM petition, there will be additional costs associated with the recruitment process. These costs are the responsibility of the employer.

PERM and I-140

Once the employer’s PERM Labor Certification is approved, they can submit the I-140, Immigrant Petition for Alien Worker. The worker is not required to submit the form, and it is only the employer who does so.

Misconceptions About PERM

Many people tend to call it a PERM Visa or PERM Green Card. However, the PERM is not a visa and does not by itself grant you access to the U.S. Instead, it is only the first step in obtaining an immigrant visa (green card).

Conclusion

The PERM Labor Certification is a comprehensive process aimed at protecting U.S. workers. It requires a deep understanding of the process and meticulous attention to detail to ensure a successful application. Hence, it is crucial for employers to understand the ins and outs of PERM Labor Certification, especially when seeking to hire foreign workers for permanent positions.