“PERM” Labor Certification
In March, 2005, the U.S. Department of Labor overhauled the permanent labor certification process to implement the “Program Electronic Review Management” ( PERM ) system of seeking labor certification for employers seeking to hire non-citizens on a permanent basis, and to qualify non-citizens for eligibility for lawful permanent residence (“green cards”).
Instead of having the Department of Labor supervise recruitment, or having the Labor Department review prior recruitment efforts, the employer may now file an “attestation” by mail or electronically to seek certification.
This process has resulted in exponentially faster adjudication by the U.S. Government, and has given U.S. employers and non-citizens peace of mind to know that their applications have been processed and that matters to secure permanent employment have been addressed.
There are very stringent steps that must be undertaken by an employer before an application may be filed:
- A wage determination must be made by the local state workforce agency to ensure that the non-citizen will be paid an appropriate wage for the job offered.
- Then, specific recruitment steps must be followed, including at minimum placement of an ad in a local newspaper of general daily circulation for 2 Sundays, and for professional-level positions additional recruitment in other journals, at college campuses, etc.
- The employer must interview any U.S. citizen or lawful permanent resident who appears to meet the minimum qualifications for the position to be offered.
- If nobody appears to qualify for the job, then the employer may submit the application to the Labor Department, and must keep a file of all recruitment efforts, in the event that the Government requests to audit the application.
The PERM process is quick, but requires careful planning and attention to the stringent regulatory requirements.
Kolken & Kolken has considerable experience in labor certification and the new PERM processing, and we have processed applications for employment opportunities ranging from positions in professional sports and music education to executive-level positions and heavy industry.
We invite you to contact our office should you wish to discuss your case with one of the partners of the firm.Click here to see how we can help you.