PERM Labor Certification: Your Path to a U.S. Green Card

What is PERM Labor Certification?

PERM (Program Electronic Review Management) is a process administered by the U.S. Department of Labor (DOL) to certify that there are no willing or qualified U.S. workers available for a specific job, and that hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers. It is typically required for EB-2 and EB-3 employment-based green card categories.

Who Needs PERM?

The PERM Labor Certification process is relevant for:

• Employers: U.S. companies seeking to sponsor a foreign worker for a permanent position that qualifies for an EB-2 or EB-3 green card.
• Employees: Foreign workers who are applying for a green card through employment and require PERM certification as part of their application (e.g., skilled workers, professionals, or those with advanced degrees).

The PERM Process

The PERM Labor Certification process involves several steps, which we manage to ensure compliance and efficiency:

• Step 1: Job Description and Prevailing Wage Determination: The employer defines the job duties and requirements, and the DOL determines the prevailing wage for the position based on the geographic area.
• Step 2: Recruitment Process: The employer conducts a mandatory recruitment process to test the U.S. labor market, advertising the job in various channels (e.g., job boards, newspapers) to ensure no qualified U.S. workers are available.
• Step 3: Filing Form ETA-9089: Once recruitment is complete and no suitable U.S. workers are found, the employer files Form ETA-9089 with the DOL to request labor certification.
• Step 4: DOL Review: The DOL reviews the application, which may take several months. If approved, the employer can proceed with the green card application (e.g., filing Form I-140 with USCIS).
• Step 5: Proceed to Green Card Application: After PERM approval, the employer files Form I-140 (Immigrant Petition for Alien Worker), and the employee may file Form I-485 (Adjustment of Status) if eligible.

Requirements for PERM

To successfully complete the PERM process, the following requirements must be met:

• Job Offer: The employer must offer a permanent, full-time position to the foreign worker.
• Prevailing Wage: The employer must pay at least the prevailing wage determined by the DOL for the job and location.
• Recruitment Efforts: The employer must conduct good-faith recruitment efforts, following DOL guidelines, to prove no qualified U.S. workers are available.
• Employee Qualifications: The foreign worker must meet the minimum education, experience, and skill requirements for the job as specified in the PERM application.
• Documentation: The employer must maintain detailed records of the recruitment process and provide evidence of compliance with DOL regulations.

How We Can Help

At Pollak Travel Nation, we simplify the PERM Labor Certification process for both employers and employees:

• Assist with job description preparation and prevailing wage determination.
• Manage the recruitment process, ensuring compliance with DOL requirements.
• Prepare and file Form ETA-9089 accurately and on time.
• Coordinate with USCIS for the next steps, including Form I-140 and I-485 filings.
• Provide ongoing support and updates throughout the process.

Frequently Asked Questions