The Program Electronic Review Management (PERM) is the process for getting labor certification, the first step of obtaining a green card for foreign nationals who seek permanent residence via employment. Employers must demonstrate that they were unsuccessful in recruiting a qualified U.S. employee for a certain position in order to obtain an approved PERM Labor Certification. They can do this by showing newspaper advertising and other recruiting methods.
The employer must also be prepared to hire the foreign worker on a permanent and full-time basis. Additionally, there must be a job opening available to U.S. employees. Job requirements must follow what is usually requested for the occupation in the U.S. and may not be personalized to the employee’s qualifications.
In other words, the employer should establish that the employment opportunity has been specified without the use of unfair restrictive job demands, unless it can prove that they come just out of business necessity. Furthermore, the employer must pay, at least, the prevailing wage for the position in the area of intended employment. If you would like to apply for PERM, call now for a confidential consultation with Alice Antonovsky to analyze your options.
- Labor Certification: Before an employer can sponsor a foreign worker for a green card, they need to demonstrate that there are no qualified U.S. workers available and willing to fill the position. This involves obtaining a labor certification from the U.S. Department of Labor (DOL).
- Job Posting and Recruitment: The employer needs to actively recruit U.S. workers for the position through a series of recruitment efforts, including job postings, advertisements, and sometimes even conducting interviews.
- Prevailing Wage Determination: The employer must also obtain a prevailing wage determination from the DOL, which establishes the minimum wage that must be paid to the foreign worker for the position.
- PERM Application: Once the recruitment is completed and the employer is unable to find qualified U.S. workers, they can file the PERM application with the DOL. This application includes information about the job requirements, recruitment efforts, and the results of those efforts
- DOL Review: The DOL reviews the PERM application to ensure that the employer followed the proper recruitment process and that there are no qualified U.S. workers available for the position.
- Approval: If the DOL approves the PERM application, the employer can then proceed with the next steps of the employment-based green card process, including filing an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
- Adjustment of Status or Consular Processing: Once the I-140 is approved, the foreign worker can either apply for an adjustment of status if they are already in the U.S., or they can go through consular processing if they are outside the U.S. This step leads to the issuance of the green card.
The PERM process is quite complex and involves strict adherence to various regulations and guidelines. It’s a fundamental step in the employment-based green card process to ensure that the hiring of foreign workers doesn’t adversely affect job opportunities for qualified U.S. workers.
Employers in the United States who are seeking to sponsor foreign workers for employment-based green cards through the EB-2 and EB-3 categories generally need to apply for the PERM labor certification.
• Labor Certification (PERM)
• Employment-Based Permanent Residency
• National Interest Waiver Visa
• Family Reunification
• Citizenship and Naturalization
• Special Programs and Treaties
• Political Asylum
EB-2 Category (Professionals with Advanced Degrees or Exceptional Abilities):
This category includes individuals with advanced degrees (such as master’s or higher) or exceptional abilities in their field. Employers must demonstrate that the foreign worker’s skills and qualifications are not readily available among the U.S. workforce.
EB-3 Category (Skilled Workers, Professionals, and Other Workers):
This category covers a broader range of foreign workers, including skilled workers, professionals with bachelor’s degrees, and other workers in positions that require less than two years of training or experience. Employers must show that they have actively recruited U.S. workers and that none of the available candidates meet the requirements of the job.
It’s important to note that not all employment-based green card categories require the PERM process. For example, the EB-1 category, which includes individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives, doesn’t require labor certification through the PERM process. Similarly, the National Interest Waiver (NIW) category under EB-2 allows certain individuals to bypass the PERM process if their work is deemed to be of significant national importance.
Overall, the PERM process is a way for U.S. employers to demonstrate that they have made a good-faith effort to fill positions with qualified U.S. workers before seeking to sponsor foreign workers for permanent residency.
- Also known as PERM, labor certification is a broadly used employment-based opportunity for getting a green card. PERM requires U.S. employers to demonstrate that there are no qualified U.S. workers for a particular position.
- The employer will be able to apply for a green card for the foreign employee once the U.S. Department of Labor confirms this application.
- The petitioning employer must conduct a range of activities in order to test the labor market prior to filing the application. If willing, qualified and sufficient able applicants (Permanent Resident or U.S. Citizen) are not found for a position through this process, the employer can then submit a PERM application.
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