What is the PERM Labor Certification?

PERM is the labor certification process administered by the U.S. Department of Labor (DOL) to confirm that:

• There are no qualified U.S. workers available to fill the job offered to the foreign worker.
• Hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers in similar positions.

This certification is mandatory for most employment-based Green Cards, specifically for the EB-2 and EB-3 categories.

Who Needs PERM?

PERM is required for:

• EB-2 Visa Applicants: Workers with advanced degrees or exceptional abilities in their field.
• EB-3 Visa Applicants: Skilled workers, professionals, and other workers.

Who Does Not Need PERM?

Certain categories are exempt, including:

• EB-1 Visa Applicants: Individuals with extraordinary ability or multinational executives.
• EB-2 NIW (National Interest Waiver): Applicants proving their work benefits the U.S. national interest.
• EB-4 Visa Applicants: Religious workers or other special immigrants.

Step-by-Step Guide to the PERM Process

1. Define the Job Role and Requirements: The employer must clearly define the job position, including:
   • Job title, duties, and responsibilities.
   • Minimum education, experience, or training required.
   • Worksite location and salary.
2. Obtain a Prevailing Wage Determination (PWD): The employer must request a prevailing wage determination from the DOL to ensure the offered salary meets the minimum standard for the job role and location.
3. Conduct Recruitment Activities: The employer must test the U.S. labor market by conducting recruitment efforts, including:
   • Placing job advertisements in two Sunday newspapers.
   • Posting the job on the state workforce agency website.
   • Additional recruitment methods, such as job fairs, online postings, or campus recruitment.

   Recruitment must be conducted within 180 days before filing the PERM application, and the employer must keep detailed records of all efforts.

4. Evaluate U.S. Applicants: The employer must assess applications from U.S. workers and demonstrate that no qualified, willing, or available candidates meet the job requirements.
5. File Form ETA-9089 (Application for Permanent Employment Certification):
   • Job details and recruitment efforts.
   • Prevailing wage information.
   • Evidence of compliance with recruitment regulations.
6. Await DOL Decision: The DOL reviews the application to ensure compliance. If approved, the employer receives the labor certification, which is valid for 180 days.
7. File an Immigrant Petition: After PERM approval, the employer files Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS) to continue the Green Card process.

Common Challenges in the PERM Process

1. Non-Compliance with Recruitment Requirements: Failure to follow DOL guidelines, such as inadequate advertising or improper documentation, can result in denials.
2. Prevailing Wage Issues: Offering a salary below the prevailing wage will lead to rejection. Employers must ensure their wage determination aligns with DOL standards.
3. Audit Triggers: PERM applications are subject to random audits or audits triggered by specific factors, such as overly restrictive job requirements or discrepancies in recruitment efforts.

How Larhdel Law Can Help You Succeed

• Prevailing Wage Guidance: Ensuring your wage determination meets DOL standards.
• Recruitment Compliance: Assisting employers in conducting and documenting recruitment activities.
• Audit Preparation: Helping you prepare for and respond to DOL audits effectively.
• Application Accuracy: Ensuring all forms and documents are complete and error-free.

Contact us at 310 943 6352 for expert assistance in navigating the PERM labor certification process.

Real-Life Success Stories

• Case 1: Resolving Prevailing Wage Issues: An employer struggled with a prevailing wage determination that exceeded their budget. We negotiated a reasonable wage based on job details and local data, resulting in a successful certification.
• Case 2: Overcoming Recruitment Challenges: An employer faced complications in documenting their recruitment efforts. Our team guided them in creating detailed records that satisfied DOL requirements, securing approval.
• Case 3: Preparing for a DOL Audit: A client received an audit notice due to restrictive job requirements. We provided additional evidence and clarified the job criteria, leading to a favorable outcome.

Common Mistakes to Avoid

• Failing to Document Recruitment Efforts: Maintain detailed records of all advertising and applicant evaluations to comply with DOL standards.
• Overly Restrictive Job Requirements: Avoid including unnecessary criteria that could disqualify U.S. applicants without valid justification.
• Ignoring Deadlines: Ensure all steps, from prevailing wage requests to filing Form ETA-9089, are completed within the required timelines.

Why Choose Larhdel Law for Your PERM Needs?

• Customized Strategies: Tailored solutions for your unique employment needs.
• Comprehensive Support: From recruitment compliance to Green Card filing, we handle every step.
• Proven Expertise: A track record of successful labor certifications and employer-sponsored Green Cards.