Program Electronic Review Management process PERM is the process that a U.S employer must go through in order to obtain labor certification for her foreign national worker. The process enables a foreign national to obtain an employment-based green card through her employer. To commence the process, the U.S employer must file an immigration petition for her foreign worker with U.S. Citizenship and Immigration Services (USCIS). The employer must obtain an approved labor certification request from the Department of Labor (DOL) for the foreign worker before filing the immigration petition. The DOL must certify to the USCIS the following:
1. that there are not sufficient U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment, and
2. that employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
The PERM Labor Certification application imposes specific requirements on both the employer and the prospective employee. The employer must comply with the PERM process requirements and adhere to the PERM Regulation.
The employer who files the application on behalf of the alien must ensure the following:
- The position must be a full-time job offer located within the U.S.;
- The position must be a bona fide job offer available to U.S. workers;
- The job requirements should not be tailored to the alien worker’s qualifications.This means that the employer must show that the job opportunity is described without unduly restrictive job requirements, unless it is adequately documented that the requirements are a business necessity;
- The offered wage must meet prevailing wage requirements. The wage must be equal to or greater than the prevailing wage for the occupation in the area of intended employment, as the 5% deviation is no longer acceptable;
- There are no qualified U.S. workers able, willing, qualified and available to accept the job offer through the specific recruitment processes; and
- Employment of the alien will not adversely affect the wages and working conditions of U.S. workers.
Prospective Employee Requirements
- meets the educational and work requirements of the employment position at the time the Labor Certification is filed;
- maintains valid immigration status if living within the U.S.
Good news for start-up enterprises!
In 2011, the USCIS allows foreign entrepreneurs to apply for labor certification under EB-2 if they satisfy the existing requirements. Under this process, it does not matter whether the alien works for the sponsoring employer during the application process or after it is approved. Additionally, the sponsoring employer does not have to continue to employ the alien. However, the foreign employee has to work for a reasonable period of time for the sponsoring employer after receiving permanent residency.
Because the PERM labor certification process is extremely complicated and time-sensitive, we recommend that you consult an immigration attorney. If you would like to sponsor your foreign national employee through the PERM process, please call (857) 919-3575. You can also contact us at firstname.lastname@example.org. Our attorneys will work to ensure the highest quality of service.