PERM (Program Electronic Review Management) is a government program that the Department of Labor (DOL) uses to ensure that immigrant workers can perform the jobs offered and that job opportunities cannot be filled with American candidates. This program includes many steps that employers must take and complete to prove a shortage of qualified American employees. The PERM program is relatively new (established in 2005) and is designed to expedite the process of determining whether American workers are eligible for new job opportunities.
Application Process:
The PERM application process can be long and confusing. There are several steps that require attention and consistent follow-up. That’s why we’ve created a step-by-step PERM application guide that will make the process clearer for hiring employers.
1. Employer’s Job Description:
In this first step, employers must clearly describe the job opportunity and list the minimum requirements required. Employers should also present the recruitment roadmap and address any potential issues.
2. Minimum Wage Determination (PWD) from the Department of Labor (DOL):
Once the first step is completed, employers can begin requesting PWD from the DOL. PWD is a standard procedure that determines the minimum wage level for a particular job position in a particular state and local jurisdiction. PWD is another measure DOL takes to ensure that employment of a noncitizen will not be unfair to U.S. citizens holding the same or similar job positions. The average waiting time for a PWD determination is 6 months.
3. Recruitment:
Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another measure to prevent unfair treatment of U.S. citizen employees. The Labor Certification (LC) must be approved by DOL within 180 days of the start of the hiring process. Before applying for LC, employers must allow 30 days in which they do not conduct any recruiting campaigns other than three “additional” recruiting options out of the ten recruiting options listed by the DOL. These additional hires can be selected from ten hires listed by the DOL.
The ten forms of recruitment are as follows:
- Job fairs
- Employer’s website
- Job search site outside of employer
- On-campus recruitment
- Trade or professional organizations/publications
- Private employment firms
- Incentive employee referral programs
- Campus placement offices
- Local and ethnic newspapers
- Radio and television advertisements
4. Submission of Labor Certification to DOL’s ETA:
Once the hiring process has concluded, employers must apply for Labor Certification with the DOL by completing ETA Form 9089, Application for Certificate of Permanent Employment. You can access the form on the Foreign Workforce Certificate website: https://flag.dol.gov/programs/perm.
5. DOL Rules on LC:
DOL takes varying amounts of time to make decisions on LCs. LC processing times are available on the Foreign Affairs Labor Application Gateway (FLAG) website. The decision may be in favor or against the application. DOL may also choose to audit the application.
6. Possible DOL Inspection or Denial:
In the event of a possible DOL audit or denial, employers are given an extra 30 days to respond to DOL’s office action. Employers have the right to appeal the decision. However, the DOL processes employer appeals over several years, making the application longer and more complicated. Therefore, we recommend that you do not appeal but start your application from the beginning.
With the implementation of the PERM program in 2005, the employer was designated as responsible for all labor certification steps except for setting the minimum wage. This undoubtedly enabled faster processing and adjudication of LCs. On the other hand, employers who are in the vanguard of LC applications may become overwhelmed and frustrated by the unexpected turns, ups and downs, unfortunate delays, and increased scrutiny they may encounter during the application process.
