How To File PERM.

By Naresh M Gehi, Esq.

The PERM process (Program Electronic Review Management) is for foreign workers seeking permanent residency in the U.S. as part of the employment-based (EB) visa process. It ensures that hiring foreign workers won’t harm U.S. workers' job opportunities or wages.

For employers, obtaining PERM Labor Certification is the first step in sponsoring a foreign employee for a green card. A successful PERM application brings employees closer to living and working in the U.S. permanently.

Understanding the PERM filing process is essential for both employers and employees to ensure compliance and avoid costly delays.

PERM is the first step in securing a green card through employment. Once an employer receives the PERM Labor Certification from the Department of Labor (DOL), they can move forward with filing for the foreign worker’s adjustment of status or immigrant visa petition.

The DOL processes the PERM by overseeing and approving the employer’s recruitment efforts and ensuring that the job requirements and wage levels meet DOL standards. The DOL’s review guarantees that U.S. workers are not overlooked for the position.

Employers must prove that the job requirements are legitimate and not overly restrictive, and they must show that no qualified U.S. workers are available for the position. This is done through a good-faith recruitment effort.

A Prevailing Wage Determination (PWD) from the Department of Labor (DOL) is required to ensure the foreign worker is paid at least the prevailing wage for the role in the area. Employers must request the PWD and comply with wage guidelines set by the DOL.

The recruitment process includes placing newspaper ads in Sunday editions for two weeks, posting the job internally for 10 business days, and using additional methods like recruitment agencies or job fairs. Recruitment must start at least 30 days before filing, and the ads must run for a minimum of 30 days.

PERM Filing Process

Step 1: Obtain Prevailing Wage Determination (PWD) The first step in the PERM process is obtaining a Prevailing Wage Determination (PWD) from the Department of Labor (DOL). This process takes several weeks. Employers must submit accurate job descriptions and wage classifications to ensure they align with DOL guidelines. An incorrect description or wage can delay the process.

Step 2: Conduct Recruitment Next, the employer must recruit candidates for the position. This involves placing advertisements in appropriate media, such as newspaper ads, and posting the job internally. Employers must document all good-faith recruitment efforts to demonstrate that no qualified U.S. workers were available for the role.

Step 3: Prepare ETA Form 9089 Once recruitment is complete, the employer must prepare the ETA Form 9089, which contains detailed information about the job, the foreign worker, and the recruitment efforts. Accuracy is critical, as mistakes on this form can result in delays or denials.

Step 4: Submit ETA Form 9089 to DOL The completed ETA Form 9089 is submitted electronically via the DOL’s online filing system. After submission, processing can take several months. Employers should monitor the status of their applications and be prepared to respond promptly to any requests for additional information.

Step 5: Post-Filing Process After filing, the application may be subject to an audit. Audits are typically triggered by irregularities or random selection, and employers must respond within the specified deadlines. If the PERM application is approved, the employer can proceed with the immigrant visa process. If denied, the employer has the option to appeal or refile.

One of the most common challenges in the PERM process is job descriptions and wage determinations. Employers must ensure that job descriptions are clear, accurate, and aligned with the prevailing wage standards set by the Department of Labor (DOL). Incorrect descriptions or wage classifications can lead to delays or denials.

Employers must carefully follow DOL guidelines for advertising, including placing ads in the right media and keeping records of all recruitment efforts. Failure to comply with these requirements can result in an unsuccessful PERM application.

Employers may need help with responding to audits. If a PERM application is selected for audit, the employer must provide detailed documentation of the recruitment process and job requirements within a strict timeframe. Failing to respond appropriately or on time can jeopardize the approval of the application.

An attorney ensures compliance with DOL rules by guiding employers through the PERM process, helping with accurate job descriptions, wage determinations, and recruitment requirements. They also assist with accurate and timely filing of the ETA Form 9089 to avoid delays.

Attorneys use strategies to avoid audits and denials by maintaining proper documentation and addressing potential issues early. They provide legal support for unique cases, offering guidance and representation through appeals or audits, increasing the chances of success.

?A well-prepared PERM application is good for employers seeking to sponsor foreign workers for permanent residency. By following the process meticulously—obtaining the correct wage determination, conducting proper recruitment, and accurately filing the ETA Form 9089—employers can avoid delays and increase their chances of approval.

As emphasized, professional legal guidance is essential in the PERM process. With the help of an experienced attorney, employers can ensure compliance, address potential issues, and successfully secure a green card for their foreign employees.

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Contact Gehi & Associates today for assistance with your PERM filing. Schedule a consultation to ensure your employment-based immigration case is handled efficiently and accurately.

Legal Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information, immigration laws and policies, including those governing the PERM, are subject to change. Readers are advised to consult with a qualified immigration attorney or legal professional for advice specific to their individual circumstances. Gehi & Associates Do not assume responsibility for any actions taken based on the information provided in this article. The receipt or use of this information does not create an attorney-client relationship.

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