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PERM

The PERM process is the system used by employers to obtain U.S. permanent residence for their employees by testing the U.S. job market for a qualified U.S. worker who is willing and able to accept the job. The process is administered by the U.S. Department of Labor and is intended to ensure that the employment of a foreign national does not displace U.S. workers or negatively affect U.S. wages or working conditions. As part of this process, the employer must first obtain a prevailing wage determination and then conduct a carefully structured recruitment process to evaluate the availability of qualified U.S. workers.

The recruitment phase is subject to stringent Department of Labor regulations, including precise requirements governing the content, placement, timing, and duration of job advertisements and recruitment efforts. Employers must strictly adhere to these technical rules and must be able to document good-faith recruitment and lawful rejection of any U.S. applicants. Errors or inconsistencies—no matter how minor—can result in denial, prolonged processing delays, or a Department of Labor audit. Only after completing this regulated process and demonstrating the absence of qualified, willing, and available U.S. workers may the employer file a PERM labor certification application and, if approved, proceed to the next stage of the employment-based permanent residence process.

Our Law Office assists throughout the process, to help ensure the job description is accurate and that the recruitment process is properly conducted, from beginning to end, with the goal of avoiding unnecessary audits, and to obtain Certification of the PERM as soon as possible.