Labor Certification - PERM

Obtaining a Labor Certification (PERM) is a complicated and lengthy process. Representation by an immigration attorney is strongly advised.

PERM stands for "Program Electronic Review Management process", and it is the new procedure for Labor Certification Application. PERM took effect on March 28, 2005. This means that ALL Labor Certifications filed after March 28, 2005 must be filed using the PERM process, thereby eliminating the traditional Labor Certification or RIR processes entirely.

The PERM process requires the petitioning employer (the sponsor) to conduct a series of recruitment activities to determine if no qualified and willing applicants (U.S. citizen or Permanent Resident) are available to fill the particular position before the employer can submit the PERM Labor Certification with the Department of Labor (DOL).

The PERM is filed electronically without any supporting documents however; the employer is required to have all supporting documents before submitting the PERM. Further, the employer must also provide supporting documents and additional documents in the event of a PERM audit.

The processing time to adjudicate a PERM Labor Certification is approximately 45-90 days.

Generally, PERM Labor Certification is the first step in filing most employment-based petitions. This includes immigration petitions involving professionals with Advanced Degrees or Exceptional Abilities (EB-2, excluding National Interest Waivers) and petitions for professionals with bachelor degrees, skilled workers, and unskilled workers (EB-3).

• All Family-Based immigration petitions
• Aliens with Extraordinary Abilities, Outstanding Researchers/Professors, and Intra-Company Transferees for Multi-National Executives (EB-1)
• National Interest Waivers (certain EB-2 individuals)
• Investors (EB-5)
• Schedule A Occupations

A Perm Labor Certification issued by DOL allows an employer to hire a foreign worker to work permanently in the United States. PERM is the first step towards a "green card".