🏢 The PERM (Program Electronic Review Management) labor certification is a key step in many employment-based green card processes. It requires employers to prove that no qualified U.S. workers are available for the job, protecting the U.S. labor market.
This article explains the PERM process, documentation needed, and how BorderlessLawyers supports both employers and foreign workers.
What Is PERM Labor Certification?
PERM is the Department of Labor’s (DOL) system for certifying that hiring a foreign worker will not adversely affect U.S. workers. It is mandatory for most EB-2 and EB-3 green card petitions.
Steps in the PERM Process
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Job Description and Requirements
Employer drafts detailed job requirements that are realistic and not unduly restrictive. -
Prevailing Wage Determination (PWD)
Employer requests the prevailing wage for the position from the DOL. -
Recruitment Campaign
Employer runs a recruitment process including:-
Posting ads in newspapers and online
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Internal job postings
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Other recruitment methods as required
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Recruitment Report
Employer documents the recruitment results, detailing any U.S. applicants and reasons for rejection. -
Filing ETA Form 9089
Employer submits the application electronically to the DOL. -
DOL Processing
The DOL reviews the application, which can be approved, audited, or denied.
Timeline
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Prevailing wage determination: 2-3 months
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Recruitment period: minimum 60 days
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PERM processing: 6-9 months (can vary)
How BorderlessLawyers Helps
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Drafting compliant job descriptions and recruitment plans
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Coordinating prevailing wage requests and recruitment ads
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Preparing documentation and recruitment reports
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Filing ETA Form 9089 and managing audits
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Advising employers on best practices and compliance
FAQs
Q: Can the employer change job requirements during recruitment?
No, job requirements must remain consistent with the PERM application.
Q: What happens if DOL audits the PERM application?
BorderlessLawyers assists in responding to audits with detailed evidence.
Q: Can the employee start the green card process before PERM approval?
No, PERM approval is required before filing Form I-140.
Ensure a Smooth PERM Process with Expert Legal Support
BorderlessLawyers guides employers and employees through the complex PERM labor certification, reducing risks and delays.