PERM (Program Electronic Review Management, or Labor Certification), is the most common way an employer can sponsor an employee for a US green card (lawful permanent residence).

Although PERM replaced an extremely cumbersome and lengthy process, it too can be very intensive. But PERM does offer some improvement over the old labor certification system in speed.

PERM Application Process

Employers may submit applications online or by mail (online is much preferable). The PERM application form, which is very detailed, requires no additional documents. But, the US Department of Labor (DOL) may audit an employer’s PERM file to ensure compliance with all filing and record-keeping requirements. So creating and maintaining supporting documentation for each PERM application is important.

PERM Filing Requirements

Prior to filing a PERM application, an employer sponsor and/or its legal representative must take the following steps.

• Prevailing Wage Determination (PWD): The employer must obtain a PWD from the local State Workforce Agency (SWA) in advance of filing. The salary offered must meet or exceed the prevailing wage determination.
• Posting Notice: The employer must post a notice of the job opportunity offered for at least 10 consecutive business days on its premises and in any in-house media in accordance with normal procedures used in recruitment for similar positions.
• Job Order: Employer must place a job order with the State Workforce Agency (SWA) for a period of 30 days.
• Advertisements: Employer must place ads in two different Sunday editions of a newspaper of general circulation in the area of intended employment. For professional positions requiring experience and an advanced degree, employer may place the second advertisement in a professional journal.
• Additional Recruitment for Professionals: Employer must take at least 3 additional recruitment steps for professionals. These may include: (1) job fairs; (2) employer website; (3) job search website other than employer; (4) on campus recruiting; (5) trade or professional organizations; (6) private employment firms; (7) an employee referral program if it includes identifiable incentives; (8) notice of job opening at campus placement office if the job requires a degree but no experience; (9) local and ethnic newspapers as appropriate; (10) radio and television advertisements.
• Recruitment Report: Employer must prepare a recruitment report describing minimum steps taken for recruitment along with the results.
• Record-Keeping and Retention of Documentation: Employer must retain documents for 5 years from the date of PERM filing.