If you’re an employer looking to sponsor a foreign worker for a green card, the PERM labor certification process is a key step. This process ensures that hiring a foreign worker won’t negatively affect U.S. workers. It involves several steps and requires careful attention to regulations.
What is PERM labor certification?
The Program Electronic Review Management (PERM) system is the method used by the U.S. Department of Labor (DOL) to process labor certification applications. Before an employer can petition for a foreign worker’s green card, they must first obtain PERM certification. This confirms that no qualified U.S. workers are available for the position.
What are the recruitment requirements?
Employers must follow strict recruitment steps to test the labor market. They must advertise the job in multiple places, including two Sunday newspaper ads, a state workforce agency posting, and at least three additional recruitment methods like job fairs or online postings. The employer must interview any qualified U.S. applicants who apply.
How does the application process work?
Once recruitment is complete, the employer files ETA Form 9089 with the DOL. This form details job duties, requirements, recruitment results, and the foreign worker’s qualifications. The DOL reviews the application and may request additional documentation or an audit. If approved, the employer can move forward with the green card petition.
How long does PERM certification take?
Processing times vary, but the entire process typically takes several months. Recruitment alone lasts at least 60 days, and DOL processing can take several more months. If the case is audited, it can take even longer.
What happens after PERM approval?
After PERM certification, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This step confirms the worker’s qualifications and the employer’s ability to pay the offered wage. Once approved, the worker can move forward with their green card application.
What comes next?
Securing PERM labor certification is a major step in the employment-based green card process. Proper preparation and compliance can help avoid delays and move the process forward smoothly.