Program Electronic Review Management System (PERM)

The Program Electronic Review Management System (PERM) is a three-step online process of the U.S. Department of Labor (DOL) that the majority of employment-based green card applicants go through prerequisites to filing an immigrant visa. 

It is a test of the U.S labor market to demonstrate that the foreign worker is not impacting U.S. workers and the U.S. labor market in a negative way. In addition, PERM is generally not available to individuals who are self-employed or have an equity stake in their employer’s business. Likewise, it is not available to those who are employed part-time or to those who are contract workers. 

  1. Information that must be provided for the PERM Labor Certification Application- the process begins by working on a specific job description which includes the title, duties, and the actual minimum requirements required to perform the job. Further, the company should list the specific type of degree (bachelor’s, master’s, etc.) and the acceptable fields of study;
  2. Wage Requirements- The first filing of the PERM process is called a Prevailing Wage Request. The purpose of this process is to set the minimum amount the employer may pay its employee. Once a wage determination has been made, the employer must pay at least the higher of the determined wage of the amount already being paid to similarly skilled and qualified workers. 
  3. The PERM Recruitment Process-The recruitment must be performed within the six-month (180-day) period prior to filing the labor certification and be completed more than 30 days before filing. There are three (3) forms of recruitment that are required by the law which include: 
  • Placing a job order with the State Workforce Agency (SWA) for 30 days;
  • Placing newspaper advertisements in two separate Sunday print editions of the major local newspaper, which is the “newspaper in general circulation” for the area of employment; and
  • Posting of the Notice of Filing at the location(s) of employment in a visible place for at least 10 consecutive days or providing a copy of the notice to a local union if there is a collective bargaining agreement.

In addition, the employer must select additional three (3) from the ten (10) acceptable options which include:

  • Recruit in-person at a job fair;
  • Post the job opening on its website;
  • Post the job opening on a known job-search website that is not affiliated with the company;
  • Recruit by participating in on-campus recruitment at a school;
  • Place a notice of the opening in a relevant trade or professional organization’s publication;
  • Retain a private recruitment firm to conduct a job search for applicants;
  • Post the position with a campus placement office;
  • Post a newspaper advertisement with a local or ethnic newspaper;
  • Recruit for the position on local radio or television; or
  • If the employer has an employee referral program that identifies specific incentives for making referrals, then the employer may notify employees that the position is available and part of the incentivized program.

It’s important to note that the PERM process can be complex and it is advisable yo consult an experienced immigration attorney to navigate the PERM process successfully. Schedule a consultation here. 

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