What is PERM Labor Certification in the United States?

The journey to securing permanent residency in the United States through employment is complex, often beginning with the PERM labor certification process. Whether you are an employer or a prospective foreign employee, it’s important to understand the legal process, requirements, and your rights. Continue reading and contact a knowledgeable New York City employment immigration lawyer for more information and legal advice today.

What is PERM Labor Certification in the U.S.?

PERM (Program Electronic Review Management) is the system used by the U.S. Department of Labor (DOL) to process labor certification applications for employment-based green cards. The purpose is to confirm that hiring a foreign worker will not negatively impact wages or job opportunities for qualified U.S. workers.

Employers must prove three main things under federal regulations:

1. There are no qualified, willing, and available U.S. workers for the position.
2. Hiring the foreign worker will not reduce wages or working conditions of similarly employed U.S. workers.
3. The job opportunity is legitimate and permanent.

Who Needs PERM Labor Certification for a Green Card?

Most EB-2 and EB-3 cases require PERM. EB-2 visas are employment-based green cards for foreign professionals with advanced degrees (Master’s or higher, or Bachelor’s plus 5 years of experience) or “exceptional ability” in science, arts, or business. EB-3 visas are for foreign skilled workers, professionals, and “other workers,” which generally refers to positions requiring less than two years of training or experience.

Not every foreign potential employee needs PERM, however. Certain categories are exempt, including:

• EB-1 priority workers, such as individuals with extraordinary ability
• National Interest Waiver (NIW) applicants
• Some religious workers or special immigrants

These exceptions exist when the law presumes that their work provides exceptional value to the U.S.

How Does the Labor Certification Process Work?

Federal law requires the employer to be the petitioner because the employer must prove recruitment efforts and wage compliance. The foreign worker cannot file the application independently.

First, the employer must request a Prevailing Wage Determination (PWD) from the Department of Labor. This ensures the offered salary meets the local wage standards for that occupation and location.

The employer must also demonstrate that they attempted to hire U.S. workers first. Required recruitment generally includes newspaper advertisements, a job order posted with the state workforce agency, and internal posting in the workplace. Depending on the position, additional recruitment steps may be required. The employer should evaluate all U.S. applicants in good faith and, if qualified, document lawful reasons for rejection.

Once recruitment is complete, the employer files ETA Form 9089, the Application for Permanent Employment Certification, with the Department of Labor. This form includes job requirements, recruitment documentation, and worker qualifications.

It’s important to understand that PERM approval is only one stage of the employment-based green card process, and more steps are required before the worker can become a lawful permanent resident. For more information and legal advice, contact an experienced attorney today.