If you’re a foreign worker who has received a job offer in the United States and you’re looking to obtain a green card, your path will likely involve the labor certification process—commonly known as PERM. This procedure protects U.S. workers by ensuring that foreign employees are only hired when no qualified local candidates are available while also allowing U.S. employers to fill key positions.
The PERM process is a critical first step toward obtaining labour certification, which allows employers to sponsor foreign workers for roles that the domestic labour market cannot fill.
Below, we break down the key steps, timelines, and important considerations to successfully navigate the PERM process.
The first step in the PERM process is obtaining a Prevailing Wage Determination (PWD). This sets the minimum wage an employer must offer a foreign worker based on the job title and location.
To begin with, your attorney will submit a request to the U.S. Department of Labor (DOL) outlining the job duties, required qualifications, and worksite location. The DOL will then use this information to determine the prevailing wage.
Employers must specify the exact job location, as mistakes can lead to delays. This step typically takes 2 to 3 months, depending on the DOL’s workload.
Once the prevailing wage has been issued, the employer must prove they genuinely tried hiring a U.S. worker. This involves placing job advertisements on various platforms, including:
• The state workforce agency
• Two consecutive Sunday ads in a local newspaper
• A posting at the employer’s worksite
Timelines are essential in this step, as each ad validates 180 days. If an ad expires, it must be republished, which can delay the process.
Employers must also document the entire recruitment process, including why U.S. applicants were not selected. Depending on how quickly ads are placed and reviewed, this phase can take another 2 to 3 months.
After completing the recruitment process, the employer must file the PERM application using ETA Form 9089 with the Department of Labor. This form includes detailed information about the job, the foreign worker, and the recruitment steps.
Once filed, the DOL may take 4 to 5 months to make a decision. In some cases, the application may be selected for an audit, which requires a deeper review and submission of additional documents.
If the PERM is approved, the next step is filing Form I-140, a significant milestone toward obtaining your green card.
To boost your chances of PERM approval, be sure to avoid these frequent errors:
1. Errors in job ads: Ensure all ads meet legal requirements and are posted within valid timeframes.
2.Inconsistent information: Double-check that all job details match across your ads and ETA 9089 form.
3. Missing documentation: Keep copies of all advertisements and applications in case of audit.
Working with an immigration attorney can help you avoid these pitfalls and keep your case on track.
How long does the PERM process take?
The PERM process typically takes 6 months to 1 year, depending on potential audits or processing delays.
What happens if my PERM is audited?
If your case is audited, the DOL will request additional information regarding the recruitment process, including ad copies and explanations for not hiring U.S. applicants.
Can I start a PERM application if I already work in the U.S.?
Yes. If your employer is willing to sponsor you, you can begin the PERM process even if you’re currently employed in the U.S.
Can I change employers during the PERM process?
Changing employers can be tricky, as the PERM is tied to the sponsoring employer. Some exceptions may apply, so it’s best to consult an attorney.
What if my PERM application is denied?
If denied, you can appeal or start over. However, this can be time-consuming and costly, so it’s essential to understand the reason for denial to avoid repeating mistakes.
At Oasis Legal Group, we’re here to support you through every step of the PERM process and ensure that your application is handled smoothly and efficiently.
