PERM Labor Certification is the essential first step for foreign nationals seeking to obtain an employment-based immigrant visa, commonly known as a green card. This process, administered by the U.S. Department of Labor (DOL), is crucial to ensure that the hiring of foreign workers does not harm qualified American workers and does not negatively affect working conditions in equivalent sectors.
Purpose of the PERM Process: The PERM process seeks to confirm that there are no available and qualified American workers for the position offered and that the hiring of the foreign worker will not deteriorate the wages or working conditions of American workers in similar occupations.
Applicability of the EB-2 and EB-3 Visa: PERM Certification is necessary for those who wish to obtain permanent residence through the Second Preference Visa (EB-2) for professionals with advanced degrees or exceptional abilities, and the Third Preference Visa (EB-3) for skilled workers, professionals, and other workers.
Basic Requirements: To initiate a PERM process, the employer must demonstrate that the position is permanent, full-time, and located in the United States. Temporary, part-time, or seasonal job offers are not valid for this process.
PERM Process Steps
- Job Definition: The employer must accurately detail the job description.
- Prevailing Wage Determination: Establish the minimum wage to be offered, consistent with labor market standards.
- Recruitment: Includes placing a job order with the State Labor Authority and posting advertisements in appropriate newspapers and media to ensure that there are no U.S. workers available for the position.
- Application Filing: All PERM applications are submitted online to the DOL. The process can take anywhere from 3 to 6 months and up to 18 months if you include waiting times for delays and possible audits.
Documentation and Audits: Employers must maintain all documentation related to the PERM process for five years, including a detailed report of the hiring process and the reasons for rejecting U.S. candidates. In addition, they must be prepared for a possible audit by the DOL, which will require additional evidence of the hiring activities carried out.
Validity and Expiration: The certification obtained is valid for 180 days and must be submitted to USCIS within this period to avoid expiration.
Our team of specialized attorneys is prepared to guide you through each stage of the PERM process, ensuring that all requirements are met accurately and efficiently. Contact us today to receive professional and personalized advice on your PERM labor certification process.