What Is PERM Labor Certification?

Mario A. Godoy
What Is PERM Labor Certification?

PERM Labor Certification is the most widely used opportunity to obtain an employment-based green card. If you’re considering hiring a foreign worker for your business, you’ll need a PERM Labor Certification before applying for most employment-based visas. Program Electronic Review Management (commonly referred to as PERM) is the process of applying for Labor Certification. 

PERM Applications Process

The Department of Labor (DOL) issues PERM labor certifications so employers can hire foreign workers. PERM labor laws have requirements that employers must follow to demonstrate a real need for foreign workers while protecting American jobs. Before an employer can submit a Form I-140 to petition USCIS to hire a foreign worker, they must take steps to certify that the worker was recruited and hired in accordance with federal and state labor laws so they can receive a certified labor certification from the DOL’s Employment and Training Administration (ETA). 

Before applying for PERM Labor Certification, the employer must take the following steps:

  1. Conduct required “good faith” recruitment efforts to hire an American worker at least 30 days but not more than 180 days before submitting a Labor Certification application. 
  2. Review, interview and keep resumes from any qualified job applicants.
  3. Submit the PERM application (Form ETA 9089) electronically or by mail 30 days after the job posting has expired.
  4. The DOL certifies that the applicant holds skills currently unavailable in the U.S. workforce and that the role doesn’t adversely affect current U.S. workers. 
  5. The employer must file an immigrant petition with USCIS before the Labor Certification expires.

PERM Labor Certification Audits and Denials

If the DOL denies a PERM application, the business can appeal the denial:

  1. File a Request for Reconsideration within 30 days from the date of the denial letter. 
  2. File a Request for Review with the Board of Alien Labor Certification Appeals (BALCA) within 30 days from the date of the denial letter.

It is not unusual for the DOL to audit PERM Labor Certifications. If the DOL audits a business’s PERM certifications, they typically want proof that the company took all measures to find a qualified American worker to fill the role. The business must respond within 30 days and expect a decision within four months of their response. 

A Business Immigration Lawyer Can Support Your PERM Applications, Denials and Audits 

The PERM Labor Certification process can be difficult and time-consuming. An experienced business immigration lawyer can support the PERM process, including:

  • Answering questions the employer and foreign worker have
  • Advocate for the employer and the green card applicant’s rights
  • Inform the employer of all necessary paperwork and steps in the PERM process
  • Ensure the business maintains the correct documentation and proof of compliance with their records
  • Review necessary paperwork, such as ETA Form 9089, to ensure  the business completes everything accurately and on time
  • Advise the employer and employee throughout the entire process to ensure the best possible outcome for the PERM application
  • Help the employer understand state and federal laws related to PERM labor certification
  • Assist the employer and foreign job applicant with their legal needs throughout the green card application process
  • Quickly and thoroughly respond to a PERM denial or audit

Contact a Cook and DuPage PERM Attorney

A business immigration lawyer with PERM experience can help your company get the foreign workers you need to grow your business and save you time and money. Contact the experienced immigration attorneys at Godoy Law Office to discuss how our legal team can help you achieve your business goals. Contact us today at 630-912-0322 to get started.

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