Labor Certification & PERM

What is PERM?

The majority of foreign nationals who seek employment-based permanent residence need to go through the labor certification process first. Labor certification involves being granted clearance from the U.S. Department of Labor, based on the approval of a specific offer of permanent employment from the prospective employer. This labor certification must take place before an immigrant visa petition may be filed.

The U.S. Department of Labor currently uses an electronic filing system called the Program Electronic Review Management system, or PERM, to process labor certification applications for an employment-based green card. The PERM system was created in order to make the labor certification process faster and more streamlined, though it tends to be a complex and cumbersome way to navigate the process.

The Program Electronic Review Management system is the method by which an employer demonstrates that there is an insufficient availability of U.S. workers who are able and qualified to perform the job in question. It is the only process available to employers seeking a permanent foreign workforce.

Labor certification applications under PERM are examined based on:

• Whether the employer has met the regulation requirements
• Whether there is a shortage of able, willing, qualified, and available workers
• Whether employment of a foreign national will have a negative effect on U.S. workers’ wages and working conditions

Requirements

The following is required of an employer before the permanent employment certification application is submitted to the Department of Labor:

• Determine if PERM approval is likely
• Determine appropriate minimum requirements for the job in question
• Obtain the prevailing wage for the job from the Department of Labor
• Give notice of the labor certification filing to existing employees
• Assemble all necessary supporting documentation in case of an audit
• Develop, perform, and document appropriate recruitment efforts

Appropriate recruitment efforts may include:

• Using all in-house media available to the employer to announce positions and advertise within the organization
• Posting a job order to the State Workforce Agency
• Advertising in a newspaper of general circulation within the area of intended employment
• Post an advertisement for the open position(s) for at least ten consecutive days

For professional positions that require at least a Bachelor’s degree, there are further recruitment requirements before the labor certification request may be submitted. These methods of recruitment include three of the following:

• Posting advertisements on the employer’s website
• Posting advertisements on a website not affiliated with the employer
• Attending job fairs
• Attending recruiting events on-campus
• Airing advertisements on the radio and on television
• Advertising to trade or professional organizations
• Advertising in local newspapers
• Participating in an employee referral program

Why Youngblood & Associates?

Youngblood & Associates is experienced in the PERM process and regulations and will help your business navigate its complexities. We will assist you in determining if you meet the requirements to file a labor certification application, ensure that you are prepared for every step of the PERM process, and provide continued counsel should an audit or supervised recruitment be required.