PERM labor certification is the process used in many employment-based green card cases to demonstrate that there are not sufficient qualified, willing, and available U.S. workers for the offered position and that employing the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
The process is administered by the U.S. Department of Labor. Before filing a PERM application, the employer generally must obtain a prevailing wage determination for the position. The prevailing wage is based on factors such as the occupation, job duties, minimum qualifications, and geographic area where the employee will work.
The employer must also complete a required recruitment process designed to test the U.S. labor market. Depending on the type of position, this may involve newspaper advertisements, a notice of filing, a state workforce agency job order, and additional recruitment methods. The employer must review applicants and determine whether any qualified U.S. workers are available for the position.
Recruitment must be conducted carefully and documented thoroughly. Employers are expected to maintain records showing the recruitment steps taken, the applicants considered, and the lawful job-related reasons for rejecting candidates who did not meet the position requirements. These records can become especially important if the Department of Labor audits the case.
The minimum requirements listed for the position must also be carefully structured. The employer generally cannot tailor the requirements simply to match the foreign worker’s background. The Department of Labor may examine whether the education, experience, skills, and other requirements are normal and genuinely necessary for the position.
Once recruitment has been completed and no qualified U.S. worker has been identified, the employer may file the PERM labor certification application. Approval of the PERM application does not grant immigration status or permanent residence. It allows the employer to move to the next stage of the employment-based green card process, which usually involves filing Form I-140 with USCIS.
After the I-140 petition is approved and an immigrant visa is available, the employee may be able to apply for adjustment of status in the United States or complete immigrant visa processing through a U.S. consulate abroad. The timing of these later steps can depend on the worker’s employment-based preference category, priority date, and country of chargeability.
PERM cases can become complicated when there are changes in the job, worksite, employer structure, employee’s role, or business operations. Rebecca Black Law, P.A. helps employers evaluate these issues and coordinate the labor certification with the broader employment-based immigration strategy, from sponsorship planning through permanent residence.