PERM Labor Certification
Program Electronic Review Management (PERM) is the system used to obtain a labor certification and the first step to obtain a green card through an employment-based visa. This step is also known as the PERM labor certification.
The employment based preference categories requiring a PERM labor certification are the EB-2 (other than a National Interest Waiver) and the EB-3. This means that before an employer can sponsor a foreign worker for an EB-2 or EB-3 visa, the employer must first obtain an approved labor certification from the Department of Labor (DOL).
The DOL, through the labor certification, certifies that there are not sufficient U.S. workers who are able, willing, qualified, or available to accept the job being offered to the immigrant worker at the prevailing wage for that occupation in the area of intended employment, and that the employment of the immigrant worker will not adversely affect wages and working conditions of similar U.S. workers.
The employer is required to complete certain recruitment activities. If the labor certification is approved by DOL, the employer must sponsor the immigrant worker before the certification expires.
A labor certification is not required for any EB-1, EB-4, or EB-5 petition.
The PERM labor certification processes imposes strict requirements on both the employer and prospective employee. To discuss PERM requirements, please contact our office for a consultation.