PERM EB-2 and EB-3 Labor Certification

A PERM application is the first step in the permanent residency process for most foreign workers seeking to immigrate to the U.S. for work reasons. PERM applications must be sponsored by a U.S. employer or organization to employ the foreign worker on an ongoing (non-temporary) basis. PERM applications are filed for all categories of workers from unskilled to executive. The PERM process forms the foundation for the entire “green card” case which may take years to complete for some occupations and nationalities. It is a cumbersome and highly complex process where an experienced and strategic employment immigration attorney makes all the difference.

Our firm has extensive experience helping our clients prepare successful PERM applications across a spectrum of occupations and industries.

PERM is an application for labor certification filed by a U.S. employer on behalf of a specific foreign worker with the U.S. Department of Labor. By filing the PERM labor certification, the employer attests that it has tested the U.S. labor market for the specific position and has not found any U.S. workers who are able, willing, qualified, or available; and that it will pay the foreign worker at least the prevailing wage for the occupation in the geographic area, among other considerations. A PERM application may be filed for a foreign worker already in the U.S. under a temporary work visa, but it can also be filed for someone not yet in the United States.

How we help: Our attorneys work closely with both the employer and the foreign worker throughout the PERM process which consists of the following key steps:

• Employer conducts recruitment for the position, including two Sunday newspaper advertisements, a job order with the State Workforce Agency, and a posting on the business premises. For professional positions, the employer must complete at least 3 additional recruitment steps.
• Foreign worker gathers documentation evidencing they met the position’s minimum requirements at the time of hire.
• Labor certification application is filed electronically using DOL’s online PERM system.
• DOL reviews labor certification application. If DOL believes that additional information is necessary they may conduct an audit.
• DOL forwards approved labor certification application to employer

Once a PERM application is approved by the DOL, the certification can be filed as part of the I-140 immigrant visa petition on the foreign worker’s behalf. In some cases, depending on their nationality and the occupation, the final step in the employment-based green card process — the application for adjustment of status or consular processing — may be filed concurrently.

To speak with an immigration attorney about PERM labor certification contact Grossman Young & Hammond.