“PERM” does not stand for “Permanent Residency,” but rather “Program Electronic Review Management.” It is often the first step in the employment-based green card process. Essentially, employers prove the need to hire a foreign national worker because there are no qualified, available, and willing U.S. workers for a specific position. The general steps in the PERM process include the following.
Prevailing Wage Determination
Employers (or their immigration attorney) complete and submit Form ETA-9141 - Application for Prevailing Wage Determination. This is to ensure the employer is offering the sponsored foreign national employee at least the average wage (the prevailing wage) paid to similarly employed workers in the area of intended employment. The form is submitted to the Department of Labor (“DOL”) for a determination. The DOL must issue a determination, which can take many months, before the next step in the PERM process can begin.
Recruitment and Notice of Filing
A key component of PERM involves testing the U.S. labor market through mandatory recruitment efforts. These efforts typically include placing a job order with the State Workforce Agency, placing an ad in a major newspaper to run on two different Sundays, and a choice of additional recruitment efforts. A Notice of Filing must also be placed at the worksite to inform current employees of the job opening. If no willing and available U.S. workers apply and are qualified for the advertised position, the employer - usually with the help of a knowledgeable attorney - can continue on to the next step.
Prepare and Submit the Application
After recruitment is complete, the Application for Permanent Employment Certification (Form ETA-9089) can be prepared and filed with the Department of Labor. This form asks for the sponsoring employer’s information, the foreign worker’s information, details of the sponsored job opportunity, and a summary of the recruitment efforts. No proof of recruitment is required upon the initial filing, but many of these forms are audited. In this event, the sponsoring employer must submit documentation as proof of recruitment compliance.
Once the ETA-9089 is approved, the employer can move forward with sponsoring permanent residency for a foreign national employee.
There is so much more to PERM than what is listed above, including strict and complicated timing requirements. For more information or assistance with your District’s PERM, feel free to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
Sources:
“Permanent Labor Certification (Perm).” Permanent Labor Certification (PERM) | Flag.Dol.Gov, flag.dol.gov/programs/perm. Accessed 31 Dec. 2024.
“Prevailing Wages.” Prevailing Wages | Flag.Dol.Gov, flag.dol.gov/programs/prevailingwages. Accessed 31 Dec. 2024.
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