The PERM (Program Electronic Review Management) labor certification is a critical first step for many employment-based Green Card applications. Designed to ensure that hiring foreign workers will not negatively impact U.S. workers, the PERM process is required for most employment-based categories like EB-2 and EB-3 visas. Navigating this complex system requires meticulous preparation, compliance with Department of Labor (DOL) regulations, and strategic legal guidance. This guide explores the PERM process, eligibility requirements, and how to avoid common pitfalls to secure your employment-based Green Card.

What is the PERM Labor Certification?

PERM is the labor certification process administered by the U.S. Department of Labor (DOL) to confirm that:

• There are no qualified U.S. workers available to fill the job offered to the foreign worker.
• Hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers in similar positions.

This certification is mandatory for most employment-based Green Cards, specifically for the EB-2 and EB-3 categories.

Who Needs PERM?

PERM is required for:

• EB-2 Visa Applicants: Workers with advanced degrees or exceptional abilities in their field.
• EB-3 Visa Applicants: Skilled workers, professionals, and other workers.

Who Does Not Need PERM?

Certain categories are exempt, including:

• EB-1 Visa Applicants: Individuals with extraordinary ability or multinational executives.
• EB-2 NIW (National Interest Waiver): Applicants proving their work benefits the U.S. national interest.
• EB-4 Visa Applicants: Religious workers or other special immigrants.

Step-by-Step Guide to the PERM Process

1. Define the Job Role and Requirements: The employer must clearly define the job position, including:
   • Job title, duties, and responsibilities.
   • Minimum education, experience, or training required.
   • Worksite location and salary.
2. Obtain a Prevailing Wage Determination (PWD): The employer must request a prevailing wage determination from the DOL to ensure the offered salary meets the minimum standard for the job role and location.
3. Conduct Recruitment Activities: The employer must test the U.S. labor market by conducting recruitment efforts, including:
   • Placing job advertisements in two Sunday newspapers.
   • Posting the job on the state workforce agency website.
   • Additional methods such as job fairs, online postings, or campus recruitment.

   Recruitment must be conducted within 180 days before filing the PERM application, and detailed records must be kept.

4. Evaluate U.S. Applicants: Assess applications and demonstrate that no qualified, willing, or available candidates meet the job requirements.
5. File Form ETA-9089: Once recruitment is complete, file Form ETA-9089 with the DOL electronically, including:
   • Job details and recruitment efforts.
   • Prevailing wage information.
   • Evidence of compliance with recruitment regulations.
6. Await DOL Decision: The DOL reviews the application to ensure compliance. If approved, the employer receives the labor certification, valid for 180 days.
7. File an Immigrant Petition: After PERM approval, file Form I-140 (Immigrant Petition for Alien Worker) with USCIS.

Common Challenges in the PERM Process

1. Non-Compliance with Recruitment Requirements: Inadequate advertising or improper documentation can result in denials.
2. Prevailing Wage Issues: Offering a salary below the prevailing wage leads to rejection.
3. Audit Triggers: Audits may be triggered by restrictive job requirements or discrepancies in recruitment efforts.

How Larhdel Law Can Help You Succeed

• Prevailing Wage Guidance: Ensuring wage determinations meet DOL standards.
• Recruitment Compliance: Assisting in conducting and documenting recruitment activities.
• Audit Preparation: Preparing for and responding to DOL audits effectively.
• Application Accuracy: Ensuring all forms and documents are complete and error-free.

Contact us at 310-943-6352 for expert assistance.