The Program Electronic Review Management (PERM) is an electronic system used to process labor certification in the United States. Launched on March 28th, 2005 by the Department of Labor (DOL), PERM focused on streamlining the filing and processing of foreign workers labor certification. Subsequently, all previous forms including ETA form 750 and RIR are no longer applicable to the process. The preference categories for PERM requirement are the EB-2 (apart from National Interest Waivers) as well as EB-3.
The PERM application is the beginning process for the application for employment based lawful permanent resident, or what is referred to as a green card. As the process is a bit complex, it is recommended the employer seek professional assistance from an immigration attorney.
Why is the PERM Needed?
PERM was launched to protect the US job market and its workers from overwhelming competition as a result of the influx of foreign workers. The PERM process was essentially established by the DOL in the ETA Form 9089. In its contents is an acknowledgement that local jobs that could be performed by qualified, able and willing Americans are not taken by foreign workers. Additionally, the PERM application affirms that by employing a foreign worker, work conditions, as well as the remunerations of the American worker, will not be adversely affected.
The Applications Requirements
The PERM applicants or the American employer ought to submit all the relevant applications to the DOL. The forms can be completed by the immigration lawyer on behalf of the employer. The applicant must demonstrate exceptional skills that the foreign employee possesses whereas the U.S worker does not.
The applicant or the employer should hire an immigration attorney for expert advice and guidance through the required documentation. The applications are filed electronically (by mail) directly through the DOL. The following are some of the requirement for qualification under the PERM:
- The presence of a permanent job offer in the United States
- Matching wage requirements by the DOL for a particular job category
- Evidence that no local American worker is willing and competent enough to fill the vacancy In question
- Audited files from the US employer regarding attempts of recruitment. The evidence can include job orders, website printouts, and newspaper tear sheets.
Utilizing an immigration lawyer to prepare and submit the appropriate audit report will help you meet the strict deadline. DOL will make decisions on PERM applications within 45 to 60 days.
The Process
Before filing the application for PERM, the petitioning employer is required to conduct a recruitment exercise to test the labor market. If no suitable candidate is willing or qualified to fill the vacancy, the employer may continue and submit the PERM Labor Certification. The employer or his or her immigration lawyer will then provide the supporting documents at the time of filling.
Once approved, the PERM applicant or the employer will contact the US Citizenship and Immigration Services (USCIS) for an immigration authorization. Finally, the employer will petition for the green card on behalf of the foreign worker.
