PERM (Labor Certification) Details
According to the U.S. Department of Labor (DOL), the new PERM process which went into effect in 2005 is designed to eliminate the traditional labor certification process and create a single automated process for labor certifications that is based primarily on the current procedures for RIR. Unlike the previous RIR program, a PERM application can be filed in as little as 90 days and the DOL processing time is designed to be significantly shorter.
For whom is PERM appropriate?
For U.S. based employers/companies wishing to employ foreign workers in the U.S. on a permanent basis.
What are the requirements for obtaining PERM?
The U.S. employers/companies must offer a job to a foreign national and also offer to pay the DOL prevailing wage for that position. The U.S. employer/company must advertise the minimum requirements for the position in-house and in a local newspaper to give U.S. workers an opportunity to apply for the job. Upon the conclusion of the advertisements, the U.S. employer must show why the U.S. applicants cannot perform the job and why the foreign national can.
