PERM: Labor Certification

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PERM is the process for obtaining labor certification; the first step of the green card process for foreign nationals seeking permanent residence through their employment for all the employment based permanent residency categories except EB-1 and NIW. To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

PERM Application Process

  1. Prevailing Wage to be determined by State Workforce Agencies prior to application filing;
  2. Pre-Application recruitment will be required for all applications during the period 30 days to 180 days prior to filing;
  3. PERM Applications are to be filed directly with DOL;
  4. Applications may be filed either electronically or by mail using Form ETA-9089 – Employers must attest to having met all PERM requirements for the proposed job opportunity;
  5. DOL website for completing and submitting the PERM application form;
  6. Employers do not submit supporting documentation with the PERM application but must retain supporting documentation for 5 years for audit purposes.

Although the employer does not submit supporting documentation with the PERM application, the employer must ensure that documentation confirming the recruitment efforts and notice posting is retained. The employer must also ensure that all resumes received are reviewed promptly, and that appropriate action is taken within a reasonable amount of time. The employer must document the legitimate business reasons explaining why each applicant was rejected.