The Program Electronic Review Management (PERM) system is the process by which employers obtain a labor certification from the U.S. Department of Labor. For most employment-based green card categories in the second and third preference (EB-2 and EB-3), PERM is a required first step before filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
The purpose of the PERM process is to demonstrate that there are no qualified, willing, and available U.S. workers for the position offered to the foreign national at the prevailing wage. It is an employer-driven process with strict procedural and documentation requirements, and even small errors can result in denials or audits.
The PERM Process Step by Step
Step 1: Job Description and Requirements Review
The process begins with a careful review of the job description and minimum requirements. The position must reflect the employer’s actual business needs, and requirements must not be tailored to the foreign national beneficiary.
We work with employers to ensure the job description is accurate and compliant with Department of Labor standards, including proper evaluation of education and experience requirements.
Step 2: Prevailing Wage Determination
The employer must obtain a prevailing wage determination from the Department of Labor. This establishes the minimum salary required based on the role, location, and required qualifications.
The employer must be willing and able to pay at least the prevailing wage once the beneficiary becomes a permanent resident. If the wage is higher than expected, options may include reevaluating job requirements, requesting reconsideration, or using an alternative wage survey.
Step 3: Recruitment
The employer must conduct a good-faith recruitment process to test the U.S. labor market within six months prior to filing.
- Sunday newspaper advertisements
- Employer’s website postings
- Job fairs and other recruitment methods
After recruitment, a mandatory 30-day quiet period follows during which applications must still be accepted.
The employer must evaluate all applicants and determine whether any are qualified, willing, and available U.S. workers. Candidates cannot be rejected for lacking skills that could reasonably be learned on the job.
After review, the Department of Labor may certify the application, issue an audit, or deny it.
After PERM Certification
Once the labor certification is approved, the employer may proceed with filing the immigrant petition with USCIS. This must be done within 180 days of approval.
It is no longer permitted to substitute beneficiaries or amend an approved PERM application. If changes are required, the application must be withdrawn and refiled.
Common PERM Considerations
The PERM process requires significant employer involvement. The employer is the applicant and is responsible for all associated costs, including recruitment and legal fees. The foreign national cannot pay for or participate in recruitment activities.
Proper documentation of the beneficiary’s qualifications is essential. The beneficiary must meet all minimum requirements, including education and experience, at the time of filing.
At Massa Viana Law, we guide employers through every stage of the PERM process with careful preparation and attention to detail. A properly handled case helps avoid delays, audits, and denials.
Schedule a Consultation
If your organization is considering sponsoring an employee for permanent residence through the PERM process, we encourage you to begin early. Contact our office to schedule a consultation.
