PERM Labor Certification: The First Step for Employment-Based Green Cards

The Initial Step Towards Employment-Based Green Cards: PERM Labor Certification

PERM stands for Program Electronic Review Management, which is often used to refer to the labor certification process for employers seeking permanent green card status for an employee. If you have a full-time job offer, you may qualify for Permanent Residence through the PERM process. 

What is the Purpose of the PERM Labor Certification Process?

PERM is an electronic filing and tracking system that the U.S. Department of Labor (DOL) uses to process labor certifications; after the certification has been issued, employers can petition for the permanent residence of a foreign worker through the U.S. Citizenship and Immigration Services (USCIS). The PERM certification program is designed to ensure that no equally qualified U.S. workers are interested and available for the position offered to the foreign worker. 

Along with certifying that the job can’t be filled by a qualified, willing, and able U.S. worker, the petitioning employer must also demonstrate that hiring the foreign worker won’t hurt the wages or working conditions of U.S. workers in the same economic marketplace. This law is intended to encourage companies to hire qualified U.S. workers while also discouraging the hiring of foreign workers at a lower wage or fewer benefits than what’s typical for U.S. workers in the area. 

What Are the Requirements for the PERM Process?

To qualify for the PERM process, you must meet the following requirements:

The PERM Process

There are a series of steps U.S. employers must go through during the PERM process:

Step 1

The employer must recruit for the position in specific ways. Depending on the type of position offered, this could include print ads, online recruitment sources, specialty publications, job fairs, and more. The Ranchod Law Group can help you select the correct recruitment program for the position you’re offering. 

Once the recruitment plan has been determined, the employer must place the ads as specified; all recruitment efforts must also be documented and ready for inspection by the DOL. We guide employers and foreign workers through the entire recruitment process to ensure each step is completed correctly and ethically while maintaining an “arm’s length” relationship with both parties. It’s important to note that if a law office is directly involved in the recruitment process, the application will be denied. 

Step 2

Once the employer has completed the recruitment process, the Ranchod Law Group will prepare the PERM application and, with the employer’s authorization, submit it to the DOL.

Step 3

The DOL verifies that the applicant possesses sufficient skills required for the job and that no U.S. workers are available to fill the position.

Step 4

If the U.S. employer’s petition is selected for auditing, they must provide supplementary documentation within 30 days of receiving the request.

Step 5

After the Labor Certification is approved, the employer must file an immigration petition with the USCIS before the expiration of the Labor Certification. If this isn’t completed before the Labor Certification expires, USICS will consider the case abandoned.

Step 6

Once the immigration petition is approved, the applicant must register for Permanent Residence with USCIS.

The total processing time for the PERM process is typically between 430 and 700 days. This includes everything from the time the process is started to PERM approval. 

Additional Resources for Employment-Based Immigration

As experienced immigration attorneys, we offer complete support for employment-based immigration. We invite you to learn more about employment visas:

Contact the Ranchod Law Group to learn more about how labor certification and PERM requirements affect your business, or visit our specialized PERM Labor Certification page. 

Post-PERM Filing: Getting an Employment-Based Green Card

Once the PERM application is approved, the employer must file an I-140 petition for the employee with the USCIS. This will be accompanied by the certified PERM application and other supporting material depending on the type of PERM application filed. 

Ranchod Law Group will compile a completed package for filing this step of the process. In some cases, the application for Permanent Residence (Green Card) for the foreign worker and their family can accompany the I-140 in a one-step process; in other instances, form I-140 will need to be filed alone while the foreign worker and their family wait for visa issuance quotas to be met.