Permanent Labor Certification (PERM): Labor Market Test Required.

While PERM process may seem daunting, our Law Firm can make it less stressful experience. We will guide an employer through all intricacies and complexities of PERM requirements.

PERM Application. PERM Lawyer. 

PERM Application refers to the employment based second and third preference categories (EB-2 and EB-3), a test of the labor market is required before a foreigner can be hired. The labor certification procedure is intended to assure that the employer is not seeking to employ a foreign national when qualified U.S. workers are available for the position, and that the employer has not offered wages or working conditions to the foreign national that adversely affect the wages or working conditions of U.S. workers. If the labor certification procedure locates any U.S. workers who meet employer’s actual minimum requirements (education, experience and training) for the position, the application to obtain permanent residence for the alien employee cannot be continued or approved. 

These job market protection measures are intended to assure that a fair test of the domestic labor market is conducted and that U.S. workers are not in disadvantage. Therefore, the employer may not put unreasonably high job requirements, discourage U.S. workers who apply for the job, or tell job applicants that the job is already filled by the foreigner or that recruitment has been undertaken strictly for the labor certification purposes. The foreigner cannot in any way participate in interviewing or evaluating job applicants or pay for any services and costs related to the labor certification application.

The United States Department of Labor (DOL) requires that any U.S. citizen or permanent resident worker who applies for the job and who meets the actual minimum requirements for the job is considered to be qualified and must be contacted and interviewed. The DOL will consider a candidate minimally qualified, even if he does not satisfy the actual minimum requirements, if such worker can acquire the skills necessary to perform the job in a reasonable period of on-the-job training. The labor certification process is based on the premise of minimum qualification for the job. This requirement is commonly misunderstood by employers because it is in contradiction with the normal hiring practices of most employers, who are naturally seeking the most qualified candidate for the job, not just the one who meets the bare minimum job requirements.

United States Department of Labor (DOL) requires that the employer is willing to hire a U.S. worker if one is qualified and available, although it does not force the employer to hire such worker. It prohibits hiring of a foreigner over a domestic worker.

PERM Application EB2 and EB3.

While PERM process may seem daunting, our Law Firm can make it less stressful experience. We will guide an employer through all intricacies and complexities of PERM requirements.

For employment based second and third preference categories (PERM Application EB2 and EB3), a test of the labor market is required before a foreigner can be hired. The labor certification procedure is intended to assure that the employer is not seeking to employ a foreign national when qualified U.S. workers are available for the position, and that the employer has not offered wages or working conditions to the foreign national that adversely affect the wages or working conditions of U.S. workers. If the labor certification procedure locates any U.S. workers who meet employer’s actual minimum requirements (education, experience and training) for the position, the application to obtain permanent residence for the alien employee cannot be continued or approved.

These job market protection measures are intended to assure that a fair test of the domestic labor market is conducted and that U.S. workers are not in disadvantage. Therefore, the employer may not put unreasonably high job requirements, discourage U.S. workers who apply for the job, or tell job applicants that the job is already filled by the foreigner or that recruitment has been undertaken strictly for the labor certification purposes. The foreigner cannot in any way participate in interviewing or evaluating job applicants or pay for any services and costs related to the labor certification application.

The United States Department of Labor (DOL) requires that any U.S. citizen or permanent resident worker who applies for the job and who meets the actual minimum requirements for the job is considered to be qualified and must be contacted and interviewed. The DOL will consider a candidate minimally qualified, even if he does not satisfy the actual minimum requirements, if such worker can acquire the skills necessary to perform the job in a reasonable period of on-the-job training. The labor certification process is based on the premise of minimum qualification for the job. This requirement is commonly misunderstood by employers because it is in contradiction with the normal hiring practices of most employers, who are naturally seeking the most qualified candidate for the job, not just the one who meets the bare minimum job requirements.

United States Department of Labor (DOL) requires that the employer is willing to hire a U.S. worker if one is qualified and available, although it does not force the employer to hire such worker. It prohibits hiring of a foreigner over a domestic worker.

PERM Labor Certification application EB2 and EB3.

Contact us to prepare your PERM application.

Recruitment is an essential part of the PERM application process and must be conducted in strict compliance with the U.S. Department of Labor’s regulations. The first step before filing the PERM labor certification application is obtaining a Prevailing Wage Determination from the State Workforce Agency. It takes several months to obtain the prevailing wage. Employer must declare its intention to pay at least 100 percent of the prevailing wage offered in the area of intended employment upon foreign worker’s receipt of the permanent residency.

After the prevailing wage is obtained, an Employer may begin a recruitment campaign consisting of mandated advertising for a position in various media. Recruitment must take place within the 180 days period. PERM application cannot be filed until at least 30 days have passed since the last advertising, allowing any candidate sufficient time to apply and be considered for the position.

Within the 180 days prior to filing a PERM application, employers are required to place a job order with the State Workforce Agency, place a notice of filing of labor certification application at the worksite, and run two newspaper advertisements in the Sunday newspapers of general circulation in the area of intended employment. These steps are required for non-professional occupations.

For professional occupations, employers are also required to conduct three additional types of recruitment from a supplemental list of recruiting methods. Documentation of recruitment is not submitted with the application, however it must be preserved and made available in the event of an audit.

Recruitment for professional positions (typically requiring at least a Bachelor’s degree) are required to conduct three additional types of recruitment efforts, that employer may select from the following list:

  • Job fairs.
  • Employer’s web site.
  • Job search website other than the employer’s.
  • On-campus recruiting.
  • Trade or professional organizations.
  • Private employment firms.
  • Employee referral program with incentives.
  • Campus placement offices.
  • Local and ethnic newspapers.
  • Radio and television advertising.

Employers under PERM program must prepare a Recruitment Report that describes recruitment steps undertaken and the result achieved, the number of hires and, if applicable, the number of US workers rejected, categorized by lawful job related reasons for such rejections. U.S. Department of Labor oversees the PEARM process and may request resumes and job applications, submitted to the employer during the recruitment campaign.

Schedule Confidential Consultation