What Is the PERM Labor Certification Process?
Understand the PERM labor certification process, a vital step for U.S. employers sponsoring foreign workers for permanent employment and green cards.
The Program Electronic Review Management (PERM) labor certification process is a fundamental step for U.S. employers seeking to permanently hire foreign workers. This process, overseen by the Department of Labor (DOL), serves as a gateway for many foreign nationals pursuing employment-based permanent residency, often referred to as a green card. It is designed to protect the U.S. labor market by ensuring that hiring a foreign worker will not negatively impact job opportunities, wages, or working conditions for U.S. workers.
Understanding the PERM Process Overview
The PERM process requires employers to demonstrate that no able, willing, qualified, and available U.S. workers exist for a specific job opportunity. This involves rigorous steps to test the U.S. labor market, ensuring foreign workers do not displace U.S. citizens or lawful permanent residents.
The process generally unfolds in three phases: determining the prevailing wage, conducting recruitment efforts, and submitting the PERM application. This ensures foreign workers are not hired at wages or under conditions that would adversely affect U.S. workers.
The overall timeline for the PERM process can be extensive, often spanning many months or even years. This duration accounts for preparatory steps, DOL processing times, and potential audits.
Key Preparatory Steps for a PERM Application
Before an employer can submit a PERM application, several detailed preparatory steps are necessary to define the job opportunity and test the labor market. A crucial initial action involves carefully defining the job duties and the minimum requirements for the position. These requirements, including education, experience, and skills, must reflect the actual minimum qualifications needed to perform the job, not merely those possessed by the foreign worker.
Employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor. The PWD establishes the minimum wage for the position in the specific geographic area, ensuring it does not adversely affect U.S. workers’ wages. Employers request a PWD by filing Form ETA-9141 with the DOL’s National Prevailing Wage Center (NPWC) through the Foreign Labor Application Gateway (FLAG) system. This form requires detailed information like job title, duties, requirements, and worksite location. PWDs can take several months to be issued and must be obtained before recruitment efforts commence.
After receiving the PWD, the employer must conduct recruitment efforts to test the U.S. labor market and demonstrate no qualified U.S. workers are available. Mandatory steps for all occupations include placing a job order with the State Workforce Agency (SWA) for at least 30 days and running two Sunday newspaper advertisements in the area of employment. Employers must also post a notice of filing at the worksite for 10 consecutive business days, informing current employees of the job opportunity and the intent to file a PERM application.
For professional occupations, three additional recruitment steps are required from a list of ten options. These include:
- Advertising on the employer’s website
- Using a job search website
- Participating in a job fair
- Conducting on-campus recruiting
- Advertising through trade or professional organizations
All recruitment efforts must be documented, including advertisement details, applicant numbers, and job-related reasons for rejecting U.S. worker applicants. A “quiet period” of at least 30 days must pass after recruitment, and the PERM application must be filed within 180 days of recruitment start.
Employers must also gather information about the company and the foreign worker. This includes the employer’s Federal Employer Identification Number (FEIN), business address, and type of business, as well as the foreign worker’s educational background, work experience, and contact information. This data will be entered into the PERM application form.
Submitting the PERM Application
Once preparatory steps and waiting periods are complete, the employer can submit the PERM application, Form ETA-9089. This official request for labor certification is primarily filed electronically through the DOL’s online PERM system. There is no government filing fee associated with the PERM application.
After submission, the PERM application enters the DOL’s processing queue. Processing times can vary significantly. Non-audited cases typically take several months, but if selected for an audit, the processing time can extend substantially. An audit occurs when the DOL requests additional documentation, such as proof of recruitment efforts and applicant resumes, to verify the application information.
The DOL may require supervised recruitment, where the agency directly oversees the employer’s recruitment process. This can be triggered by concerns about prior recruitment practices or specific job requirements. The DOL will either certify (approve) or deny the PERM application based on its review and the employer’s adherence to regulatory requirements.
Post-Certification Steps
Upon certification by the Department of Labor, a PERM application is valid for a specific period, typically 180 days from the date of approval. The employer must proceed with the next step within this validity window, as an expired certification requires restarting the PERM process.
After PERM certification, the employer files Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition includes the certified PERM application and evidence that the foreign worker meets qualifications and the employer can pay the wage. I-140 approval is a prerequisite for the foreign worker to apply for adjustment of status or pursue an immigrant visa abroad. The PERM application’s initial filing date becomes the foreign worker’s “priority date,” determining their place in line for an immigrant visa.