Employers seeking to hire foreign workers permanently must guide the complexities of the PERM Labor Certification process. At the Law Office Of Gregory J. Eck, LLC, we provide a step-by-step overview to help you understand the critical aspects of the process.
What is PERM Labor Certification?
The Program Electronic Review Management (PERM) Labor Certification is the first step in acquiring an employment-based green card for foreign workers. Administered by the U.S. Department of Labor (DOL), it ensures that hiring a foreign worker will not negatively affect U.S. workers' job opportunities, wages, and working conditions.
Step 1: Determine Job Requirements
Before starting the PERM process, clearly define the job position's requirements. This includes education, experience, skills, and other qualifications necessary for the role. The job requirements should be justifiable and not tailored to fit a particular foreign worker’s qualifications.
Step 2: Obtain a Prevailing Wage Determination (PWD)
The next step is to receive a Prevailing Wage Determination (PWD) from the DOL. This ensures that the wage offered to the foreign worker meets or exceeds the prevailing wages for parallel positions in the geographic area of employment. Submit Form ETA-9141 to the DOL to get the PWD, which typically takes several months.
Step 3: Conduct Recruitment Efforts
The employer must undertake a series of recruitment efforts to test the U.S. labor market. This includes:
- Placing a Job Order: File a job order with the state workforce agency in the area of intended employment for at least 30 days.
- Newspaper Advertisements: Place two Sunday ads in a newspaper of general circulation in the area.
- Additional Recruitment Steps: For professional positions, choose three additional recruitment steps, such as job fairs, employer website postings, job search websites, on-campus recruiting, or recruitment through trade or professional organizations.
Step 4: Evaluate U.S. Applicants
After the recruitment period, the employer must evaluate all U.S. applicants who applied for the job. This includes reviewing resumes, conducting interviews, and documenting reasons why each applicant was not qualified. Ensuring that the evaluation process is fair, consistent, and well-documented is crucial.
Step 5: Prepare and File ETA Form 9089
If no qualified U.S. workers are found, the employer can proceed to file ETA Form 9089, Application for Permanent Employment Certification, with the DOL. This form must be filed electronically through the DOL's PERM online system. Ensure all information delivered is accurate and consistent with the job requirements and recruitment efforts.
Step 6: DOL Processing and Audit
After filing, the DOL will review the application. In some cases, the DOL may select the application for an audit to verify compliance with all requirements. The employer must provide additional documentation within 30 days if selected for an audit. The audit process can extend the overall timeline significantly.
Step 7: Approval and Next Steps
If the DOL approves the PERM application, the employer can proceed to the next steps in the green card process. This involves filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The employer must demonstrate the capability to pay the offered wage from the priority date until the foreign worker obtains lawful permanent residence.
Key Considerations
- Timelines: The PERM process can be lengthy, often taking several months to over a year from start to finish. Plan accordingly to accommodate potential delays.
- Documentation: Maintain thorough records of all recruitment efforts and applicant evaluations. Proper documentation is critical for surviving a DOL audit.
- Compliance: Ensure compliance with all DOL regulations throughout the process. Any missteps can result in denial or significant delays.
Understanding the PERM Labor Certification process is crucial for employers looking to hire foreign workers permanently. By following these steps diligently, you can navigate the process more effectively and increase the likelihood of a successful result.
Contact the Law Office Of Gregory J. Eck, LLC today to learn more about how we can help you.