The Program Electronic Review Management (PERM) process is a crucial step for many
individuals seeking employment-based permanent residency in the United States. Managed by
the U.S. Department of Labor (DOL), PERM ensures that hiring a foreign worker does not
negatively impact the wages or job opportunities of U.S. workers. This article provides a clear
overview of the PERM process, its requirements, timelines, costs, and the roles of both
employers and employees.
What is the PERM Process?
PERM is the first step in obtaining a green card through employment sponsorship for most EB-2
(Professionals with Advanced Degrees or Exceptional Ability) and EB-3 (Skilled Workers,
Professionals, and Other Workers) categories. The purpose is to certify that:
- There are no qualified U.S. workers willing or able to fill the position.
- Employing a foreign worker will not adversely affect U.S. workers’ wages or conditions.
The PERM process involves several stages, from recruitment to certification, which we’ll discuss
in detail below.
Step 1: Requirements Before Filing PERM
Before starting the PERM process, employers must meet specific requirements:
- Job Description: The employer must clearly define the job duties, requirements, and
minimum qualifications. The job must align with industry norms and cannot be tailored to
a specific individual. - Prevailing Wage Determination (PWD): Employers must request a PWD from the DOL
to ensure that the offered wage meets or exceeds the standard wage for the role in the
geographic area. This step typically takes 2-4 months.
Step 2: Recruitment Process
The recruitment phase is a critical and detailed part of the PERM process. Employers must
demonstrate a genuine effort to hire U.S. workers. This includes:
- Advertising the Position:
○ Place a job order with the state workforce agency (30 days minimum).
○ Advertise in a major newspaper on two different Sundays.
○ Use at least three additional recruitment methods, such as online job boards,
campus placements, or employee referral programs. - Interviewing Candidates:
○ Employers must consider all applicants objectively.
○ They must document why U.S. candidates were not qualified, if applicable.
The recruitment period must last at least 60 days, including a 30-day cooling-off period before
submitting the PERM application.
Step 3: Filing the PERM Application
Once the recruitment phase is complete, the employer files Form ETA-9089 with the DOL. The
application includes:
● Details about the job, recruitment efforts, and the foreign worker.
● Evidence that the employer meets all requirements and can pay the offered wage.
The DOL typically processes PERM applications within 6-9 months, but delays can occur,
especially if the case is audited. Audits are random or triggered by inconsistencies in the
application.
Costs Associated with PERM
While employees are responsible for their green card application fees later in the process,
employers must bear the following costs during the PERM phase:
- Recruitment Expenses: Advertisements and other recruitment costs.
- Legal Fees: If hiring an attorney for guidance (highly recommended).
- Application Filing Fees: Although there are no DOL filing fees, associated costs can range from $3,000 to $10,000 depending on the complexity of the case.
Common Mistakes to Avoid
- Inadequate Documentation: Failing to properly document recruitment efforts or prevailing wage compliance can lead to audits or denial.
- Missteps in Advertising: Using improper advertising methods or incorrect job descriptions can invalidate the process.
- Timing Errors: Missing recruitment timelines or filing deadlines can cause significant delays.
Roles in the PERM Process
Employer’s Role
● Compliance: Employers must comply with all DOL requirements.
● Transparency: They must provide accurate job details and avoid tailored requirements.
● Recruitment: Employers lead the recruitment process and document outcomes
thoroughly.
Employee’s Role
● Qualifications: Employees must meet the job’s minimum qualifications.
● Patience: Since the process is employer-driven, employees must wait for the employer to complete recruitment and filing.
● Preparation: Employees should ensure their credentials and work experience are ready for future steps in the green card process.
When is PERM Not Required?
Certain employment-based green card categories, such as the National Interest Waiver (NIW),
do not require the PERM process. NIW applicants can self-petition if they can prove their work
benefits the U.S. substantially. Similarly, PERM is unnecessary for multinational executives or
individuals in extraordinary ability categories (EB-1).
Why Seek Legal Assistance?
The PERM process is intricate and requires strict compliance with DOL regulations. Errors or
omissions can result in delays, audits, or denial. Working with an experienced immigration
attorney ensures the process is handled professionally and efficiently, increasing the likelihood
of approval.
The PERM process is a vital step in obtaining employment-based permanent residency in the
U.S. By understanding its stages, requirements, and potential pitfalls, both employers and
employees can navigate this complex process effectively. For personalized guidance, consult
with an experienced immigration attorney to ensure your case is handled with expertise.