The Three Steps of the PERM Process

One of the best ways to obtain a United States Green Card is to get an offer of a job with a U.S.-based employer. Upon receiving an employment offer, you should have your employer complete an application for labor certification, which is a Green Card prerequisite. Labor certification applications are processed through PERM, which stands for Program Electronic Review Management.

Fulfilling the three steps involved in PERM can be difficult due to so much bureaucracy. The experienced New Jersey PERM attorneys at LS&P Lawyers can help make the process smoother and easier for you to handle. Call us toll-free at (844) 288-7978 to learn more about PERM and other immigration issues.

At the start of the PERM process, the U.S. Department of Labor (DOL) should receive a prevailing wage request by your employer. The request should contain information on the job offer, such as location, requirements, and duties. Using this information, the DOL will provide the employer with a prevailing wage determination (PWD), or a statement of the wage that is based on the specific job along with its particular location.

The purpose of the PWD is to prevent employers from underpaying foreign workers to the detriment of US workers. Since the PWD relies heavily on the job’s specific location, make sure your employer fills out the prevailing wage request with the correct location so he or she is given the correct PWD.

Your employer must be able to prove to the DOL that they conducted "good faith recruitment," meaning they genuinely reached out to available U.S. workers. Additionally, they must be able to prove that qualified U.S. worker came forward.

To fulfill this step of the PERM process, your employer must complete at least three requirements concerning advertising:

1. Place an advertisement with the state workforce agency based in the state of prospective employment.
2. Place newspaper ads on two different Sundays.(for most jobs) The newspaper must be considered a major paper in the locale in which the job is located.
3. Place three ads and a notice at the worksite location.(posting)

It is best for your employer to fulfill all three requirements within a short window. The PERM process does not consider ads more than 180 days old.

After the ads have been posted, your employer should visit the DOL website and electronically file the PERM application using ETA Form 9089. This form gives the DOL information on the job, the employer’s recruitment process, and the prospective foreign employee, that is, you. After the form is filed, several months will pass before you receive a notification of approval, denial, or audit. If your application is audited, that means the DOL needs additional information before they can make a decision. Have your employer respond to the audit request right away.

At LS&P Lawyers, our New Jersey PERM lawyers are dedicated to helping clients receive the rights and employment opportunities they deserve. No matter what step you are in during your search for a Green Card, our experienced legal team can help you. If you have any further questions regarding the PERM process, please contact our offices today at (844) 288-7978.