“PERM” stands for Program Electronic Review Management. Congress has mandated that employers who hire certain foreign nationals obtain a labor certification from the Department of Labor before hiring them permanently or sponsoring them as immigrant workers. When an employer establishes that there are inadequate qualified U.S. workers available and willing to perform the work at the general wage for the occupation, labor certification is granted.
The Labor Certification and PERM processes are developed to guarantee that admitting foreign workers does not negatively impact American job opportunities, working conditions, or wages. If you are Facing Deportation or have immigration questions, talk to a lawyer immediately.
What is PERM?
The PERM process is a series of steps that an employer must take to demonstrate that no U.S. citizen worker is available to fill the position and that wages will not be lowered by hiring foreign workers for less than what a U.S. citizen would demand.
It is debatable whether the process achieves this goal or not. It is important to note that foreign nationals seeking a green card through their employer under the EB-2 or EB-3 categories must follow the stringent PERM regulations. These steps include a recruitment campaign in which the employer advertises the position opening to people in the area of employment. The process also entails establishing with the state and federal governments that the employer will pay the foreign national the prevailing wage for the location in that particular occupational field.
After completing these steps, the labor certification application can be submitted to the U.S. Department of Labor. The Department of Labor will occasionally audit a labor certification application to see if all of the PERM steps were followed. Once the Department of Labor has approved the labor certification application, the employer has a limited time to file Form I-140 and thus apply for the alien’s Green Card with the United States Citizenship and Immigration Service.
The Reqruitement Process
When a PWD is received, the recruitment process usually begins. Before filing the PERM labor certification, the recruitment process must be completed within six months. There are six forms of recruitment required by law to properly meet the Department of Labor’s recruitment process. Such a process can be strenuous, and one must keep a close eye on dates and details. Contact a lawyer to fully discuss the requirements of the recruitment process with you.
Get help from a lawyer.
If you are facing Deportation or need legal help regarding immigration, do not waste time. Schedule a consultation with an experienced immigration lawyer today.
