PERM Labor Certification

To submit an application for PERM Labor Certification the employer must go through the following steps:

1. Employers must present the job duties and minimum requirements for the position.
2. Employers must submit a prevailing wage determination request for the DOL.
3. A recruitment process for the position must then be carried out.
4. PERM application is then submitted to the DOL electronically or via mail.

It is important to note that these steps along with the PERM Labor Certification processing can take 12+ months. It can be significantly longer if the case is audited. An attorney should be used for the application process to minimize risks of auditing.

Step 1

In the first step to the PERM Labor Certification process a sponsoring employer must first establish the specifics of the job position. The details to establish include the title, duties, experience, education, and other details of the position. The formulation of the job details must be done according to DOL requirements. The foreign worker must meet the job requirements and specifications when accepting the position. Should there be changes to these details at a later date, it could require that the PERM process be repeated. 

Step 2

The next step, after the establishment of the job position details, is to submit a request to the DOL for a prevailing wage determination for the job position. Prevailing wage determinations can take several months (4-5 months). The DOL will determine the minimum wage for the position that the employer must pay. The DOL makes the prevailing wage determination based on specifics of the position, geographic location, among other details. 

Step 3

The third step in the process requires a recruitment process to be carried out by the sponsoring employer. The employer must test the labor market to ensure that there are no available, qualified US workers for the position. Job placement ads are placed as per DOL regulations. This step can take at least 8 weeks/2 months or longer. Because the recruitment process can yield different and unexpected results if not done correctly, it is recommended that an immigration attorney handle the PERM process for clients.

Step 4

The fourth step occurs once it is established that no qualified US workers are available for the position. ETA Form 9089 is used to file the PERM application with the DOL. After the application is submitted, it can take many months for processing. Processing can take anywhere from 8 months to much longer if a case is audited.

A targeted PERM audit of the sponsoring employer can occur when the DOL finds inconsistencies, incomplete, or unsatisfactory information submitted with the PERM application. Random audits are also conducted at times. Random audits are relatively rare; while targeted audits are not prevalent, mistakes and problems on an application can increase these risks. To minimize risks of a targeted PERM audit an attorney should be utilized for the PERM application process. It is important to remember that any type of audit will likely increase the processing time significantly.

Both professional and non-professional occupation category job positions can be submitted for PERM certification. PERM recruitment steps are required for both but these steps can vary somewhat. 

Professional occupation category job positions

Professional occupations – which generally require a bachelor’s degree or higher or foreign equivalent – require the following steps during the recruitment process:

1. A job placement must be made with the State Workforce Agency for a period of 30 days;
2. A job placement ad must be made in at least two consecutive Sunday editions of a local newspaper with wide circulation in the area of intended employment. 
3.  Alternatively, a job placement ad can be placed in one Sunday edition of a local newspaper with wide circulation in the area of intended employment AND one ad can be placed in a relevant professional journal. 
4. Three additional recruitment methods must also be utilized and can include the following:

• Employment firms
• Third-party job search website or employer website
• Trade/Professional organizations
• Employee referral program
• Radio and television
• Additional recruitment methods are available and an experienced immigration attorney can discuss these options.

Non-Professional Jobs

Non-professional job positions – or jobs that do not require a higher degree -- require the following steps during the recruitment process:

1. A job placement must be made with the State Workforce Agency for a period of 30 days;
2. A job placement ad must be made in at least two consecutive Sunday editions of a local newspaper with wide circulation in the area of intended employment. 

Both professional and non-professional job recruitment steps must be carried out  between 1-6 months before filing the PERM application with the DOL.  At least 30 days must pass after recruitment steps have ended before filing of the PERM application can occur.

Employer must keep all records associated with the recruitment process that must be presented in case of an audit. Records should include a report noting the lawful/non-discriminatory reasons why any US workers that may have responded to job placement ads were rejected. Records should be kept for at least 5 years.