If you are seeking to sponsor a specific employee for a temporary work visa or employment-based green card, or if you are seeking to generally recruit workers from abroad, you most likely will need to go through the Program Electronic Review Management process in order to obtain a permanent labor certificate. The following is a brief overview of the PERM process and how it can help you.
Why do you need a permanent labor certificate?
A permanent labor certificate permits employers to hire workers from abroad to work permanently in the U.S. In general, before a U.S. employer can submit an immigration petition for a worker from abroad, they must first obtain a certified labor certification application from the Department of Labor’s Employment and Training Administration.
The DOL has to ensure that it is necessary to bring in a worker from abroad because there are not enough U.S. workers able, willing, qualified and able to fulfill the job position. In addition, the DOL has to ensure that hiring the worker from abroad will not have an adverse effect on the wages and working conditions of similarly situated U.S. employees.
Who is responsible for the Program Electronic Review Management process?
Effective March 28, 2005, the DOL’s Employment and Training Administration began an electronic permanent labor certification program. It is the employer’s responsibility to recruit and test the marketplace for qualified U.S. workers before submitting a PERM application. Some professionals are exempt from PERM requirements.
Learn more about PERM
Ultimately, this post is for educational purposes only and does not contain legal advice. The PERM process can be very complex, especially for those who are inexperienced. Our firm’s webpage on PERM may be a useful resource for those who want more information on this important topic.