PERM stands for Program Electronic Review Management. This is the first step of EB-2 and EB-3 employer-based green card process. A labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. By obtaining a labor certification, an employer attests that it has tested the labor market to find able, willing, available, and qualified U.S. workers and has been unable to find them. The audit process is designed to ensure that the information provided in the application is accurate and truthful.
Note: PERM has special handling provisions for foreign nationals who are teaching faculty members at colleges and universities who do not fall into EB-1B. This category includes non-tenure track positions. To be qualified, the U.S. employer must demonstrate that the applicant is more qualified than any U.S. applicant and that the position must include teaching duties.
PERM has three main steps:
a) Obtaining Prevailing Wage
The process of obtaining a prevailing wage determination is a critical step in the PERM (Program Electronic Review Management) program. This determination establishes the minimum wage that must be offered to the foreign worker and is based on the job’s requirements, location, and industry standards. Once the employer/ attorney files the prevailing wage request, DOL uses various data sources to determine the prevailing wage. This can include the Occupational Employment Statistics (OES) survey data, wage surveys, and other labor market information. When the employer receives the prevailing wage determination, the employer must pay the prevailing wage specified in the document. Generally, if the employer does not file the PERM application within the validity period of the prevailing wage, a new determination may be required. Obtaining a prevailing wage determination is essential for ensuring that the hiring of foreign workers does not adversely affect the wages and working conditions of U.S. workers.
b) Recruitment
The recruitment process for the PERM program is designed to ensure that U.S. workers are given the opportunity to apply for the job being offered to a foreign worker. Employers must conduct a series of recruitment efforts, including posting the job in specific locations such as local newspapers, Posting notice of filing at the employer’s place of business, and state workforce agencies. Additionally, employers who recruit for professional jobs must undertake at least three additional recruitment steps, which may include job fairs, employee referral programs, or campus recruitment. These efforts must be conducted within the 180 days preceding the filing of the PERM application, and employers must keep detailed records of their recruitment activities, including the resumes received and reasons for any rejections. The goal is to demonstrate that there are no qualified, willing, and available U.S. workers for the position, thereby justifying the hiring of a foreign worker available U.S. workers for the position, thereby justifying the hiring of a foreign worker.
c) Filing ETA 9089
Filing ETA Form 9089 is the final step in the PERM labor certification process, where the employer submits the application to the Department of Labor (DOL) to request certification for a foreign worker. This form includes detailed information about the job, the employer, and the foreign applicant, along with documentation of the recruitment efforts conducted to find U.S. workers. The employer must ensure that all information is accurate and complete, as any discrepancies can lead to delays or denials. After submission, the DOL reviews the application for compliance with regulatory requirements, which may involve audits or requests for additional information. If approved, the ETA 9089 allows the employer to proceed with the next steps in the employment-based green card process for the foreign worker that will be filing I-140.