The Program Electronic Review Management (PERM) procedure is the first step in getting a green card for foreign nationals seeking employment-based permanent residence. The Department of Labor established the PERM or Program Electronic Review Management System Labor Certification on March 28, 2005.
What is it, what requirements are to be fulfilled, and what is the processing time? All of this will be discussed in this article.
What Is a PERM Labor Certificate?
PERM involves a series of procedures that must be followed by an employer to demonstrate that no US citizen is available to fill the position and that hiring foreign workers at a lower wage than a US citizen would demand will not result in lower wages overall.
There is some disagreement over whether the process succeeds in achieving this objective. It's crucial to remember that foreign nationals who want to apply for an EB-2 or EB-3 green card through their employer must adhere to the stringent PERM requirements.
Requirements You Need To Fulfill
There are various requirements that you need to fulfill in order to become eligible for applying for PERM. Following are the ones you need to complete:
- You must currently have a permanent job offer or be employed permanently by a U.S. company.
- For qualified candidates, the local job market has been explored. This is necessary to show that American workers are not able to fulfill the position's requirements, proving that there are no qualified native candidates available at that time for the position. If necessary, additional records and documents pertaining to recruitment must be provided.
- The offered pay must be at least as high as the DOL prevailing wage. The DOL will take into account the particular position.
- The U.S. employer is required to create and keep an audit file with supporting paperwork of recruitment efforts.
Documents You May Need
In order to apply for PERM, you need to have evidence from the local labor market that U.S. workers are unable to perform this job. Along with that, you may need to provide the following:
- Verified Documented Evidence
- Job Orders
- Copies of jobs ads published on websites
- Prevailing Wage Request - The DOL bases the prevailing wage on the position's location and necessary qualifications.
PERM Processing Time
The complete processing time for PERM may take around 430 to 700 days. Between the time you begin the procedure and the time your PERM is approved, everything is included in this figure.
PERM Audit
Although not always enjoyable, a DOL audit is a common occurrence. The Department of Labor depends on the potential for audits to verify that employers have complied with the PERM regulations since the Labor Certification Application is filed solely and without supporting evidence.
Currently, approximately 37percent of the total Labor Certification Applications are audited annually by the Department of Labor. The DOL may also audit a petition to find out about application-specific details relevant to a particular case.
Finally, the DOL has five years to conduct an audit following the approval of a labor certification. For this reason, after submitting the Labor Certification Application, meticulous records of each step of the PERM procedure must be kept and placed in an audit file.
PERM Cost & Processing Fee
The Department of Labor does not charge a filing fee for PERM petitions. However, the cost of the labor certification goes beyond just the filing fee. The hiring process will incur additional costs, such as those related to running advertisements and scheduling interviews with prospective U.S. candidates. Your employer will have the responsibility for the complete PERM application procedure.
How Can RB Law Help You?
RB Law is there to assist you in every application. As you can see, it can be quite challenging to follow all the important requirements for this particular visa. In such complex situations, the probability of making errors increases significantly. Therefore, contact us today, and we will help you with the entire application.
