The Program Electronic Management Review System (PERM) labor certification is the first stage in most employment-based, permanent residency (green card) cases. A PERM labor certification must be filed with the U.S. Department of Labor (DOL) for both employment-based, second (EB2) and third preference (EB3) cases. There are exceptions to this requirement in EB2 national interest waiver (EB2) and Schedule A, pre-certified, cases for nurses and physical therapists. The purpose of PERM labor is to protect the U.S. labor market. The PERM system has been in place since March 28, 2005.
- Position must be offered at or above the DOL prevailing wage, which is determined for the proffered position by the DOL as part of the required steps in a PERM case.
- As the purpose of PERM labor is to protect the U.S. workforce, the local labor market is first tested for availability of qualified and willing U.S. workers.
- The labor market test involves engaging in efforts to locate U.S. workers through advertisement and other specified recruitment efforts.
- Employer’s attest to compliance with recruitment and other requirements rather than submitting proof with the PERM filing.
- The DOL may audit the employer’s documentation to verify compliance. Employers must create and maintain an audit file with evidence of recruitment and other supporting documents.
How We Can Help You
The Murthy Law Firm can assist employers considering or engaged in the PERM labor certification process for their employees. Our attorneys can advise employers and prospective employees regarding the procedural and documentary requirements for this process. We provide representation throughout the PERM labor process, including careful and detailed case preparation and related legal advice, and preparation of complete and accurate records for audit files. We also are available for representation in audit responses and for challenging PERM denials through requests for review and BALCA appeals.
For PERM labor certification news, information, complexities, and options, as well as Murthy Law Firm success stories in such cases, see the Employment-Based, Permanent Resident page. You may also search the site for a particular topic, and narrow your search by category.