PERM Facts Employment-Based Visa Applicants Must Know| ALG Lawyers

Published: September 7, 2023

The Program Electronic Review Management (PERM) labor certification process is one of the first steps immigrant workers should take to maintain a permanent work visa. Although employers are responsible for filing PERM, their inability to comply with immigration regulations would negatively affect employees. After all, labor certification is vital to finding and maintaining a job within the United States.

Other than employment-based visa requirements, immigrants should always be keen with complications relating to their upcoming job’s labor certification. Your failure to address such concerns may result in irreversible errors. Stay in touch with ALG Lawyers for your employment visa and other immigration-related problems.

Overview of the PERM Labor Application Process

Through the permanent labor certification program, the US Department of Labor’s Employment and Training Administration (ETA) may issue PERM certification to eligible US-based employers. PERM’s primary purpose is to determine the potential effects of hiring foreign workers and bringing them to the country. ETA will assess if allowing non-citizens to fill certain roles would unduly prevent local workers with similar qualifications from landing the said jobs. 

There are multiple things employers should comply with before submitting a PERM application. Employers should first flesh out the details of the positions they intend to fill. Most jobs fall into professional or non-professional categories. After, employers should request a Prevailing Wage Determination from the National Prevailing Wage Center (NPWC). 

Jobs under PERM require employers to file a Notice of Filing and place job advertisements. They may not recruit potential employees without completing this step. Finally, employers may formally submit a PERM application to the Department of Labor.

Eligibility Requirements for the PERM Process

Before sending an application to the Department of Labor, employers should ensure they are eligible for PERM. Non-compliance with the requirements may prompt processing officers to deny the application. This situation will only derail employers’ plans to bring foreign employees to work with them.

Employment-based visas that require PERM

Not all employers who want to bring foreign workers under their wing may need to file PERM. For positions requiring immigrant workers, these visa categories require labor certification to maintain a valid employment:

• EB-2 or Second Preference Visa:
  • Advance degree holders
  • Exceptional ability workers
• EB-3 or Third Preference Visa:
  • Skilled workers
  • Professional workers
  • Other workers

The EB-1 visa does not require a labor certification. The labor certification requirement for EB-4 and EB-5 visas has been waived.

Conditions PERM applicants should fulfill

Most PERM applicants are companies and schools employing foreign permanent workers. To qualify for labor certification, applicants must comply with the following conditions:

• Fill a full-time, permanent position for foreign workers
• The job description matches what similarly situated jobs in the US customarily require
• The job description was not specifically adjusted to specific employees’ qualifications
• The position should not have unduly restrictive requirements
• The employer should have valid reasons when rejecting any US-based job applicants

PERM Prevailing Wage Determination

The requirement for US employers to furnish a prevailing wage determination from NPWC is a mechanism against foreign worker exploitation. Identifying the prevailing wage rate for a specific position ensures that the workers under the applicant employer will receive a compensation package close, if not more than, workers with similar job posts.

Employers may send their Application for Prevailing Wage Determination to the NPWC office or website. When hiring EB-2 or EB-3 visa workers, employers may take advantage of either wage sources:

• NPWC prevailing wage determination
• Independent authoritative source survey
• Other legitimate source of information

It is advisable to consult an immigration attorney before sending your application to examine potential errors and other missing requirements.

PERM Audits and Compliance

A PERM audit is an inspection conducted by the Department of Labor to check whether a certain US employer compliant with the statutory requirements set by labor certification they were applying for.

Employers should know that receiving a PERM audit does not result in an automatic denial. However, they must respond accordingly and submit the documents that the Department of Labor requests. It is best to review the contents of the audit notice thoroughly to avoid missing any items.

Failure to respond and comply with the audit may result in the rejection of the labor certification application. Because of it, the validity of the foreign worker’s upcoming employment will be affected.

PERM Application Timeline

There is no exact estimate as to how long a PERM application takes. If every stage of the application moves smoothly, the earliest employers can receive their labor certification is around 8 to 12 months. There are multiple reasons why your application could take longer. One of the most significant factors is the length of existing queue of applicants.

Implications of PERM Approval

The approval of PERM application certifies an employer’s capacity to bring foreign workers to work under them within United States. After receiving the notice, employers may file an Immigrant Petition for Alien workers. Employers may sponsor their workers’ visas and bring them to the country after the immigrant visa is approved.

Employers should remember that the conditions set on their labor certification are ongoing. Their failure to uphold even a single condition may prompt the Department of Labor to revoke their PERM.

Common Mistakes and Pitfalls in the PERM Process

Filing a PERM is a meticulous process. The smallest mistakes could spell trouble and delay the applicant’s plans. Take caution and avoid these rookie mistakes:

• Incorrect prevailing wage determination
• Non-compliance with PERM advertising and recruitment regulations
• Late filing
• Failure to retain pertinent records
• Clerical errors
• Ignoring DOL’s audit requests

Uncomplicated PERM Labor Certification Process with ALG Lawyers

The PERM labor certification process is indispensable to many immigrants intending to acquire and maintain a legitimate job in the US. But other than being a statutory requirement, it also offers protection to immigrant and local workers. Whenever you meet complications relating to this procedure, do not hesitate to consult ALG Lawyers.

Our dynamic team of Los Angeles immigration lawyers have been in the practice for the last twenty years. We dedicate our profession to render topnotch services to protect our clients’ rights and interests. Besides work visas, our law firm handles an array of US visas with utmost proficiency.