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PERM Employer Sponsorship
Labor certification, formerly the most common process through which foreign workers could obtain permanent residence in the United States (i.e., the green card), has been replaced by a new program called “PERM” (Program Electronic Review Management), which was intended to provide for a faster and more consistent labor certification process.
PERM regulations became effective March 28, 2005. Prior to PERM’s introduction, the labor certification process had grown in some jurisdictions to a wait of five years or longer, and procedures varied widely from jurisdiction to jurisdiction, making the program unpredictable and cumbersome.
The PERM program is still in its early stages, and whether it will work more efficiently as intended remains to be seen.
Application Process
PERM applications may be submitted online or by mail. No supporting documentation is required with the new application form, which is very detailed. However, the Department of Labor (DOL) reserves the right to audit an employer’s file to ensure compliance with all filing and record-keeping requirements. So creating and maintaining supporting documentation for each application is highly recommended.
Filing Requirements
Prior to filing a PERM application, an employer and/or its legal representative must do the following:
- Prevailing Wage Determination (PWD): The employer must obtain a PWD from the local State Workforce Agency (SWA) in advance of filing a PERM application. The salary offered must meet or exceed the prevailing wage determination.
- Posting Notice: The employer must post a notice of the job opportunity offered for at least 10 consecutive business days on its premises and in any in-house media in accordance with normal procedures used in recruitment for similar positions.
- Job Order: The employer must place a job order with the State Workforce Agency (SWA) for a period of 30 days.
- Advertisements: An advertisement must be placed in two different Sunday editions of a newspaper of general circulation in the area of intended employment. For professional positions requiring experience and an advanced degree, the employer has the option of placing the second advertisement in a professional journal.
- Additional Recruitment for Professionals: For professional positions at least three additional recruitment steps must take place, including: (1) job fairs; (2) employer’s website; (3) job search website other than employer; (4) on campus recruiting; (5) trade or professional organizations; (6) private employment firms; (7) an employee referral program if it includes identifiable incentives; (8) notice of job opening at campus placement office if the job requires a degree but no experience; (9) local and ethnic newspapers as appropriate; (10) radio and television advertisements.
- Recruitment Report: The employer must prepare a recruitment report describing the minimum steps taken for recruitment along with the results.
- Record-Keeping and Retention of Documentation: Documents must be retained for five years from the date of filing.