At Build Champions, we are committed to supporting employers and foreign workers through the complex process of employment-based immigration. The Program Electronic Review Management (PERM) system is an essential component of this process, designed to streamline and enhance labor certification for U.S. employers seeking to hire foreign workers. As a nonprofit organization, we provide expert guidance to help you navigate the PERM process effectively.
What is PERM?
The Program Electronic Review Management (PERM) system is a critical part of the U.S. immigration process, specifically tailored for employment-based immigration. It is an electronic system that simplifies the labor certification process, making it more efficient and accessible for employers looking to hire foreign workers for specific job positions.
Benefits of PERM
The PERM system offers several advantages for both employers and foreign workers:
- Streamlined Process:
PERM replaces the traditional, paper-based labor certification process with a more efficient electronic system, reducing paperwork and making the process easier to manage.
- Efficiency and Accuracy:
The electronic nature of PERM minimizes errors associated with manual paperwork, enhancing the accuracy of information and expediting the certification process.
- Accessibility:
Employers can submit applications and track the status of their cases online, making the process more accessible, especially for employers located in various parts of the country.
- Reduced Processing Time:
Compared to the previous labor certification process, PERM typically offers quicker processing times, benefiting both employers and foreign workers by reducing the time needed to obtain labor certification.
Requirements of PERM
To initiate the PERM process, employers must meet specific requirements set by the Department of Labor (DOL):
- Job Position Qualification:
Employers must demonstrate that the job position meets the criteria for a legitimate employment opportunity, including job duties, educational qualifications, and experience requirements.
- Prevailing Wage Determination:
Employers must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) to ensure that the offered wage aligns with industry standards.
- Recruitment Efforts:
Employers are required to conduct recruitment efforts to test the U.S. labor market by advertising the job position and assessing the availability of qualified U.S. workers.
Numerical Limitations of PERM
PERM does not have a numerical limitation or cap on the number of certifications issued annually. This lack of numerical limitation allows employers to pursue labor certification for the specific positions they need to fill without facing restrictions related to an annual quota.
Who Files the Petition?
The employer is responsible for filing the PERM petition, which involves submitting the application for labor certification. Employers, including corporations, nonprofit organizations, and other entities seeking to hire foreign workers, must initiate the PERM process on behalf of the foreign employee.
Process of PERM
The PERM process involves several key steps to ensure compliance with labor certification requirements:
- Prevailing Wage Determination:
The employer begins by obtaining a prevailing wage determination from the NPWC, which establishes the minimum acceptable wage for the position.
- Recruitment Efforts:
Employers must conduct recruitment efforts to test the U.S. labor market, including advertising the job opportunity in specified ways to reach potential U.S. workers.
- Filing the PERM Application:
Once recruitment is complete and no qualified U.S. workers are found, the employer files the PERM application electronically, providing details about the job position, recruitment efforts, and other relevant information.
- Review and Certification:
The DOL reviews the submitted PERM application to ensure it meets all regulatory requirements. If the application is complete and compliant, the DOL issues a labor certification, certifying that no qualified U.S. workers are available for the position.
Documents Required for PERM
The PERM application requires comprehensive documentation, including:
- Prevailing Wage Determination:
The document obtained from the NPWC specifying the prevailing wage for the job position.
- Recruitment Documentation:
Evidence of the employer’s efforts to recruit U.S. workers, such as copies of advertisements, details of job fairs, and documentation of other recruitment methods.
- Job Description and Requirements:
Detailed information about the job position, including job duties, educational qualifications, experience requirements, and any other relevant details.
- ETA Form 9089:
The official form used to apply for labor certification through PERM, capturing essential information about the job opportunity and the employer’s recruitment efforts.
Fees Associated with PERM
The PERM process involves several fees that employers need to consider:
- Prevailing Wage Determination Request:
There may be fees associated with requesting a prevailing wage determination from the NPWC.
- Advertising Costs:
Employers are responsible for the costs associated with advertising the job opportunity as part of the recruitment process.
- Attorney Fees:
Many employers seek the assistance of immigration attorneys to navigate the complexities of the PERM process, and attorney fees are a crucial component of the overall cost.
- Processing Fees:
While there is no specific government filing fee for the PERM application, employers must consider the costs associated with preparing and filing the application.
Processing Time for PERM
The processing time for PERM applications can vary based on factors such as the volume of applications received by the DOL and the complexity of individual cases. On average, the PERM process can take several months from the initial filing to the issuance of the labor certification. Employers should plan accordingly and anticipate this timeline.
Why Choose Build Champions?
The PERM system is a vital part of the U.S. immigration process, enabling employers to hire foreign workers while ensuring that the employment of these workers does not negatively impact U.S. workers. At Build Champions, we are here to guide you through the PERM process, providing the expertise and support needed to successfully navigate this critical step in employment-based immigration.
For more information or to begin your PERM application, contact Build Champions today.