PERM Labor Certification: A Guide to Employer-Sponsored Green Cards

If you are interested in obtaining an employer-sponsored green card, you need to familiarize yourself with the PERM process.

What is the PERM Labor Certification?

The PERM (Program Electronic Review Management) system is the mechanism through which employers secure an approved labor certification from the Department of Labor. This certification is the initial step for many individuals seeking employment-based green cards. The PERM process is initiated and completed by the employer and serves to validate the absence of qualified American workers for the specific job in question.

Why Pursue the PERM Labor Certification?

Completing the PERM labor certification offers several advantages:

• Enables the hiring of a permanent foreign worker.
• Often a faster and more straightforward path to permanent residency compared to other options.
• Particularly beneficial for EB-2 and EB-3 green cards.

Requirements for the PERM Labor Certification

To secure approval for the PERM labor certification, you must fulfill specific criteria:

• A genuine job offer must be in place, with an employer capable of establishing a bona fide employment relationship.
• Fair compensation, at or above the prevailing wage, must be provided.
• Efforts must be made to recruit American workers, demonstrating that no qualified candidates are available.

The Process for Obtaining a PERM Labor Certification

The PERM labor certification process unfolds in multiple steps:

• Recruitment Process: Offer the job to a foreign national, conduct recruitment, and ensure no qualified U.S. workers are available.
• Submit Form ETA-9089: This is the Application for Permanent Labor Certification, submitted to the Department of Labor.
• Submit Form I-140: If the PERM labor certification is approved, the employer may file an I-140 immigration petition with USCIS.

Audits

Audits, whether targeted or random, may be conducted by the Department of Labor to assess the effectiveness of the PERM process. Documentation must be meticulously maintained in case of an audit.

Required Documents for a PERM Labor Certification

Various documents may be needed to substantiate your eligibility, including contracts, prevailing wage requests, and advertisements.

Necessary Forms for a PERM Labor Certification

Several forms are vital during the PERM labor certification process, including Form ETA-9089, which is the heart of your application.

PERM Labor Certification Fees

Filing the PERM labor certification itself is fee-free, but other fees may apply for activities related to the process, such as legal and advertising expenses.

Processing Time for PERM Labor Certification

The processing time varies based on several factors, but typically takes around 6 months for non-audited applications. Audits can extend the timeline by an additional year.

Conclusion The PERM labor certification, achieved through the Program Electronic Review Management system, is a critical first step for those pursuing an employer-sponsored green card. Understanding its purpose, requirements, and application process is essential for a successful immigration journey.