Permanent Labor Certification Program
The PERM regulation went into effect March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
Who Needs Labor Certification?
There are five employment-based preferences for aliens seeking to immigrate to the US based upon employment.
Aliens seeking to immigrate in the second or third employment-based preferences are inadmissible unless the Secretary of Labor has first issued a labor certification. Under exceptional circumstances, a small group of aliens falling into the second employment-based preference may be exempted from the labor certification requirement.
How is PERM Different From The Old System?
For the most part, the standards used in making labor certification determinations under PERM will be substantially the same as they were under the old regulations. However, the following are some of the pertinent changes:
Filing Employers now have the option of submitting the Application for Permanent Employment Certification, ETA Form 9089, electronically directly to a National Processing Center.
Filing Supporting documentation is not submitted with the application.
Filing: Employers file applications directly with the US Department of Labor and not with a State Workforce Agency.
Refiling: An employer may, at any time, withdraw an application filed under the regulation in effect prior to March 28, 2005, refile under PERM, and maintain the original filing date if the new application complies with the new regulation, the application is identical to the original application, and a job order has not bee placed by the State Workforce Agency for the original application.
Prevailing Wage: The offered wage must be equal to or greater than the prevailing wage. The wage MUST be at least 100% of the prevailing wage.
Notice Of Filing: A notice of filing must be posted in specific locations for ten consecutive business days rather than merely ten days.
Recruitment: The employer is required to conduct recruitment (more than 30 days and less than 180 days, with some exceptions) prior to filing.
Recruitment: Recruitment provisions are divided into professional and nonprofessional occupations and additional recruitment steps are required for professional occupations.
Recruitment: Sunday edition newspaper advertisements are required.
Recruitment: A job order, obtained through the State Workforce Agency, is required.