PERM
PERM
Basics of Filing for a PERM
A PERM application is filed by a US employer to hire a foreign worker for a permanent position. The Department of Labor (DOL) is responsible for monitoring all jobs in the US and ensuring all workers are treated fairly by their employers. One of the DOL’s mandates is to ensure that US jobs are first offered to US workers. Only if no US worker is able to do the job, or wants the job, should a foreign worker be permitted to come and live in the US permanently to fill that job.
When an employer wants to hire a foreign worker, the employer first has to reach out to the Department of Labor to have them confirm that the position cannot be filled by a US worker. Only with this PERM certification can the employer file for a green card (I-140) petition with the USCIS. The Department of Labor has a very strict “recruitment drive” that the employer must conduct to prove that they cannot find a qualified US worker to fill the open position.
The certified document has a limited period of 6 months (180 days) during which the I-140 can be filed.
Eligibility Criteria
A US employer can file a PERM application for any EB-2 and EB-3 green card. A PERM is also filed for hiring certain seasonal workers on an H-category visa for short-term openings. The only eligibility requirement is that the sponsor be a US employer or the employer’s agent.
Foreign nationals cannot request PERM certification on their own behalf.
The Filing Process
A PERM application is filed in steps. The employer has to recruit US workers for the job. They also have to show that the wages they are offering are the same that similarly qualified US workers make.
- Request for Prevailing Wages
The employer files form ETA-9141 with the DOL requesting the DOL determine the wages that similar workers make in their locality. - Recruitment Efforts
The employer starts to recruit locally for their position. This includes advertisements in the state’s unemployment job bank, on their own website, in the local newspaper, and in a number of other locations. - Cooling Off Period
After all the advertisements are placed, the employer must wait 1 month to file for the PERM. During this time, they review all the resumes and interview any qualified candidates. If they find a local worker who can do the work, the employer cannot continue with the green card for the foreign worker. - Form ETA-9089
If, after the recruitment drive, the employer cannot find a local US worker, they file form ETA-9089 to request a certification from the Department of Labor. - Attestation-Based
The PERM form is filed online without including a copy of the recruitment drive. Because of this, the Department of Labor can issue audits asking for all of the recruitment information. They can also re-open a PERM application for several years after it has been approved.
How We Can Help
Complying With the PERM Requirements
Filing a PERM application is time-consuming, onerous, and the toughest step of the 3-part green card process. The employee cannot help with any part of the PERM. There are a lot of deadlines – for different types of advertisements. The entire process must be completed within 6 months. The nitpicky details sometimes overwhelm small businesses, employers who have never filed for PERM before, and over-stretched HR managers. Attorneys are not permitted to help the employers sort through the resumes or decide who meets the requirements.
Clients unfamiliar with this process often ask us:
We already have the foreign worker working for us, why do we need to recruit for his position again?
What happens if we get a qualified US candidate? Do we need to fire our foreign employee, only to hire and spend months training a brand-new worker?
The Immigration Desk Solution
We love filing PERM applications, and after having helped thousands of employers for over 2 decades with employment-based filings, we consider ourselves experts in this field.
We believe the key to an easy, stress-free PERM filing is our team’s attention to detail, great organizational skills, and close supervision by our skilled attorneys. Our attorneys review the documents when the case comes into our office to help you draft a solid and accurate job description. We review the Department of Labor’s processing times to ensure that the file keeps moving forward. Our team of paralegals is adept at helping you place the advertisements through each deadline so the documentation is flawless, accurate, and timely. We cannot account for the Department of Labor running behind in issuing prevailing wages, but our monitoring of their processes ensures that we plan for any delay. This leads to a smooth, on-time, and on-track filing.
Awards
Testimonials
Anu Gupta – SHE KNOWS WHAT SHE IS DOING AND SHE IS PRETTY GOOD AT IT
I have been in the United states for 6 years. I have been on F-1 visa, H1-B visa and TPS, through out those times I always found dealing with immigration attorneys a bit frustrating. With Immigration Desk it was the opposite.
...Attorney Gupta is very professional; she took the time to walk me through the process (in my case getting a PERM labor certification, applying for I-140 and I-485). She listened to my concerns and helped me through out this complicated process. Thankfully I had my I-140 approved last week. I am now a green card holder!
The bottom line is SHE KNOWS WHAT SHE IS DOING AND SHE IS PRETTY GOOD AT IT.
Simply amazing with the help of Immigration Desk
Today I received my green card after 12 years of being in the U.S.
This is the best news our family has received in a long time and without Anu Gupta’s expertise, this would not have been possible. She was simply amazing.
My PERM application was certified today
We started the process in Aug 2019 and it has been a long successful journey with myriad challenges along the way. The prevailing wage determination came right in the middle of the Covid19 pandemic. ...
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The structured recruitment got responses never seen before during the 2008 great recession. Attorney Anu was always personally available and hand-held the employer in all the stages through this complicated process.
Attorney Anu and her team were beyond amazing in their approach to the entire process. Her consultative and educational process made sure my employer was always informed about the case. She played a key role in convincing my employer to do E-Verify so that I could get my OPT extension. She also helped my employer file its first H1B, the first H1B extension, and the first green card.
Attorney Anu is extensively passionate about her work and always goes the extra mile. She leads with empathy and humility and connects on a personal level. She is an extremely professional, knowledgeable, and competent attorney. She is friendly, patient, and took the time to explain the legal process, and was always responsive to phone calls and emails. Attorney Anu Gupta is the best and truly godsend!!!
My family and I will be eternally grateful to you for the opportunities you have allowed us to pursue by your assistance in the immigration process. All of your hard work is invaluable to us. We are incredibly grateful for what you have done for us! I would recommend Immigration Desk to anyone who is going through any immigration process – whether just for a consultation and some advice or for the full service. You can count on their good counsel and their services are second to none.
Thank you for your professionalism and continued support. My family and I appreciate everything.
Working with Anu Gupta was a Wonderful Life Changing experience
I recently got the Employment Based Green Card. Thanks a Ton to Anu Gupta, it was a Wonderful Life Changing experience working
with the firm of Anu Gupta. ... Anu has handled many of my cases (like H1B Transfer, H1B Amendment, PERM, I-140, I-485, I-765, I-131)
and every one has been a smooth ride. No matter how many Obstacles / RFE's that come against she handled all of them very well
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