The PERM Labor Certification is the essential first step for foreigners 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 ensuring that the hiring of foreign workers does not disadvantage 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 qualified U.S. workers available for the position offered and that the hiring of the foreign worker will not deteriorate the wages or working conditions of U.S. workers in occupations Similar.
Applicability of the EB-2 and EB-3 Visa: The 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.
Stages of the PERM Process
- Job Definition: The employer must precisely detail the job description.
- Determination of the Predominant Salary: Establish the minimum salary that must be offered, in accordance with the norms of the labor market.
- Recruitment: Includes placing a job order with the State Labor Authority and publishing advertisements in appropriate newspapers and media to ensure that there are no US workers available for the position.
- Application Submission: All PERM applications are submitted online to the DOL. The process can last from 3 to 6 months and up to 18 months if waiting times due to delays and possible audits are included.
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 American candidates. Additionally, they must be prepared for a possible audit by the DOL, in which additional evidence of the contracting activities carried out will be required.
Validity and Expiration: The certification obtained is valid for 180 days and must be presented to USCIS within this period to avoid its 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.
