What Is the PERM Process? A Complete Guide for New Immigrants

Introduction

Immigration regulations and processes can be very confusing. When attempting to acquire permanent residency through employment, the PERM process can be very time consuming and arduous. Let us guide you through the PERM process, including who can apply and step by step how to proceed. We can also outline for you some of the difficulties you can encounter along the way. But don’t worry, with the right guidance the process can be so much easier.

Define the PERM Process and Its Importance for Immigrants

The "perm process" or Labor Certification is a complex process for new immigrants trying to reach a stable situation in the U.S. in order to qualify for foreign workers for permanent employment by qualifying work in the U.S. in order to seek Permanent Residency through the employment-based category. In order for a U.S. employer to hire foreign workers on a permanent basis for employment-based green card holders seeking permanent residency in the U.S. through the employment-based immigration process, the U.S. employer must demonstrate that there are no qualified U.S. workers for the position offered by the employer. For many foreign nationals, obtaining labor certification is a necessary step in the process of becoming a permanent resident of the U.S. through the employment-based immigration process.

Vasquez Law Firm is standing by 24 hours a day, 7 days a week. The immigration attorneys at Vasquez Law Firm are dedicated to providing you and your loved ones with the highly effective and most compassionate immigration services and legal representation including:

• Labor certification application (LC) processing
• Labor certification amendment application (LCA) processing
• Other employment immigration application processing

We have highly qualified immigration attorneys that are here to work with you and guide you every step of the way through your entire green card process. To better meet your needs and to afford you with the greatest flexibility, Vasquez Law Firm is offering free initial consultations as well as flexible and highly competitive payment options for our clients.

In the period following the COVID-19 pandemic, there has been a strong increase in the immigration of foreign workers to the U.S. for work. According to U.S. data from FY 2024, there were more than three times as many new immigrants granted lawful permanent residence in the U.S. than there were in the lowest year for immigration to the U.S., FY 2021, with a total of 1.4 million new, lawful permanent residents. Because of the increase in the number of lawful permanent residents granted in recent years for work, for family, and for many other reasons, employment certification for the green card process for immigrant workers seeking to establish qualifying work in permanent residence in the U.S. has become an increasingly important and highly sought-after immigration process. As recently reported by the BBC, in FY 2023, of the total number of green cards granted by U.S. Citizenship and Immigration Services, employment-based green cards made up 14.5% of the total number of green cards granted to new, lawful permanent residents.

In addition to protecting the interests of U.S. workers who are fairly competing against foreign workers for available jobs, the DOL is working to modernize the labor certification process that has not undergone changes since 2004. The DOL will be establishing new and more stringent hiring requirements and ensuring that employers comply with the requirements of existing law. The DOL is also exploring ways to better protect the rights of laid-off U.S. workers whose jobs were permanently taken by foreign workers.

The process of obtaining labor certification through the various steps of the process is described here with examples of approved labor certification cases, as well as statistics on foreign-born workers in the labor market, including that immigrants make up over 18% of the U.S. civilian labor force in 2024 with over 32.2 million workers in the country. A proposed overhaul of the employment certification process by the DOL could have a number of effects on the job offers that can be made to foreign workers and the process of hiring those workers and obtaining the required certification for permanent residency of the foreign worker for employment-based green cards.

Summary: The labor certification process referred to as the “perm process” is a qualifying work measure that will allow foreign nationals to gain qualifying work in the U.S. for consideration for Permanent Residency through the employment-based category. It is a very complex process. We explain this process in order to give you and your loved ones hope to find work in the U.S. and obtain a Green Card as a Permanent Resident in the U.S. At the Vasquez Law Firm, we can help guide you through the process of obtaining a Green Card through employment. We can also assist with the whole immigration process. Our many years of immigration experience, our affordable rates, and our flexible payment options all make us the perfect attorneys to assist you. We would be happy to set up a free initial immigration consultation.

Identify Eligibility Requirements for the PERM Process

What is the Perm process? The Perm process can be confusing for both U.S. workers and immigrants. First, we will outline the steps for the Employer to begin the Perm process.

1. The Employer must be a U.S. based company that is able to pay the prevailing wage for the job for which the immigrant will be working.
2. The job must be for permanent employment and for full time hours.
3. The worker must meet the minimum qualifications for the job as required by the Employer who is sponsoring him/her for immigration.
4. In addition to these requirements, the Employer must be able to prove that there are no qualified U.S. workers for the job for which the foreign worker is applying.
5. The Employer must show that he/she conducted adequate recruitment for the position and that he/she kept adequate documentation of all applicants for the job.

The Department of Labor (DOL) recently announced that the DOL will update the way in which it evaluates an Employer’s efforts to find qualified U.S. workers to perform work for which a labor certification is sought. The DOL will also update the minimum criteria required to attract qualified U.S. workers to a job as well as the regulations regarding the termination of U.S. workers who are similar to the foreign worker that the Employer is applying for in the immigration process.

To qualify for the labor certification process and to learn the process, it is wise for immigrants to stay informed of any updates to the system as well as the minimum requirements for the process.

Outline the Step-by-Step Phases of the PERM Process

When planning for future foreign workers, it can be confusing to understand what the perm process for your company is. The perm process for labor certification is a very structured process for sponsoring permanent foreign workers and has several steps to be taken.

1. Prevailing Wage Determination: This step is to establish the prevailing wage to be competitive with other employees holding similar jobs. It is required as part of the labor certification process for permanent foreign workers. A Prevailing Wage Determination (PWD) is obtained from the Department of Labor (DOL) for the area where the foreign worker will be working for the sponsoring US employer. Processing time for Prevailing Wage Determination typically takes 4 to 9 months.
2. Hiring: After the prevailing wage has been determined and the application for labor certification has been filed with DOL, the Employer must conduct hiring of U.S. workers to fill the advertised job for a period of 60 days to 180 days. The length of the hiring period would depend on the category of labor certification and specific steps to be taken during the hiring campaign, such as:
   a) filing a State Workforce Agency job order;
   b) 2 Sunday newspaper ads in major language(s) of area;
   c) DOL Notice of Filing;
   d) all internal job postings.
3. Submit Application For Labor Certification: After 60 days to 180 days of recruitment of qualified U.S. workers, the Employer would then submit the online ETA Form 9089 Application For Labor Certification to DOL within 5 calendar days from the end of the 60 days to 180 days period of required attempted recruitment. The processing time for processing labor certification applications is averaging 501 days for non-audited cases (approximately 16 to 17 months) for applications submitted online to DOL.
4. Post-Certification Processing: If a labor certification application is certified by the DOL, then the process proceeds to filing of an immigrant petition I-140 with USCIS for foreign workers who were approved for labor certification. Once the I-140 immigrant petition is approved, the foreign workers can then proceed to apply for adjustment of status for foreign nationals currently residing in the United States or proceed with green card processing through consular processing for foreign nationals outside of the United States.
5. Post-Certification Steps for Employer: After the Labor Certification application has been certified by DOL, the immigrant petition I-140 for foreign workers can be filed with U.S. Citizenship & Immigration Services (USCIS) by the employer on behalf of the foreign workers. Foreign workers apply for a green card through adjustment of status (if they are already in the United States) or through consular processing (if they are outside of the United States).

It is critical to understand the DOL process in detail in order to assist your foreign workers in an effective manner. Each step in the DOL Labor Certification process must be very carefully developed and implemented to avoid any mistakes or additional processing delays. It is strongly suggested that an immigration attorney be hired to advise and assist in the entire process. As the process can be very complex for employers to develop and complete, it is recommended that the employer start the labor certification process early for the foreign workers. In general, it is recommended that the labor certification application be submitted to DOL about two years prior to the maximum period of time that the foreign worker is permitted to remain in the United States under their current visa.

Discuss Common Challenges and Solutions in the PERM Process

The PERM process, or permanent employment authorization process for foreign workers, can be a long and complicated process. There are a number of ways in which employers of foreign workers, as well as the foreign workers themselves, can experience delays and problems with the application.

• Delays in Prevailing Wage Determination: Wage determinations for prevailing wages can take up to 6 months or more. However, the Department of Labor states that it typically takes around 3 months to receive a wage determination. To assist in the processing time for wage determinations submitted by the employer on behalf of the foreign worker, it is recommended that the employer submit the request for wage determination as early as possible in the process and make certain that all required documentation is complete.
• Challenges for Your Company’s Hiring Process: To prove good faith efforts to hire U.S. workers, the hiring process for the foreign worker must be fully detailed and all steps of the hiring process taken for at least 60 days with multiple detailed advertisements in the required publications and/or websites of the DOL as well as on your company’s website. All documentation of attempts to hire U.S. workers, whether successful or not, must be meticulously maintained and be prepared to be provided to the DOL as needed.
• Application Denials: The most common reasons for denial of the PERM application include an incomplete or inaccurate job description and/or failure to satisfy the minimum requirements for hiring as contained in the job opportunity. If the employer’s application is denied it is strongly recommended that the employer consult with an experienced immigration attorney to assist in determining the reasons for the denial and to ensure that the employer takes all steps necessary to prepare and submit a new application in due course. In order to assist its users, the DOL has stated that if an employer prepares and submits the application in a proper and complete fashion, there is a very high likelihood of approval. Denial rate for the PERM process is currently 4.7%.
• Audits: Once an employer submits the application to the DOL for processing, some of the applications may be subject to an audit. As part of the monitored recruitment process, the employer will be required to provide additional documentation in order to support the employer’s actions during the hiring process. In cases of monitored recruitment where the employer fails to provide sufficient documentation to support the actions taken during the hiring process, an additional 6 months to 1 year may be added to the processing time of the application in order to complete the additional processing of the application in addition to the standard processing time of other applications. It is extremely important for the employer to have complete documentation in order to avoid any potential delays in the processing of the application, especially if the application has been selected for audit.

There are things that foreign workers can do to increase the chances of a successful PERM process. In addition to understanding all of the steps involved with the PERM process and completing them as early as possible to tackle the long average processing time for the PERM process, there are other things that can be done to increase chances of approval of a labor certification application. As of the end of September 2014, the average processing time for a PERM application is 472 days with 183,776 applications pending processing.

Conclusion

Stuck with PERM and Need Help? Getting through the PERM process can be very challenging for many candidates and they are seeking proper guidance and help. Here at Employment Migration Solutions, we can guide and help you step by step to achieve your goals to fulfill your American dream.

First, knowing what to expect in the PERM process is crucial in making it through the process seamlessly. Also, getting all the necessary paperwork right is paramount to ensure your application gets approved. The immigration laws change constantly and having good representation in the process is more critical now than ever before.

We are available 24/7 to help you start your new life in America.

Frequently Asked Questions

What is the PERM process?

The PERM process, or Labor Certification, is a complex procedure that allows foreign workers to qualify for permanent employment in the U.S. It is a necessary step for obtaining Permanent Residency through the employment-based immigration category.

Why is the PERM process important for immigrants?

The PERM process is crucial for immigrants as it enables them to secure permanent residency in the U.S. by demonstrating that there are no qualified U.S. workers available for the job offered by a U.S. employer.

What must a U.S. employer demonstrate to hire foreign workers permanently?

A U.S. employer must show that there are no qualified U.S. workers available for the position they are offering to foreign workers seeking permanent residency.

How has the immigration landscape changed recently?

Following the COVID-19 pandemic, there has been a significant increase in the immigration of foreign workers to the U.S. In FY 2024, over 1.4 million new lawful permanent residents were granted, marking a substantial rise compared to previous years.

What percentage of green cards granted in FY 2023 were employment-based?

In FY 2023, employment-based green cards accounted for 14.5% of the total green cards granted by U.S. Citizenship and Immigration Services.

What is the role of the Department of Labor (DOL) in the PERM process?

The DOL protects the interests of U.S. workers competing for jobs against foreign workers and is working to modernize the labor certification process, which has not changed since 2004. They are establishing new hiring requirements and ensuring compliance with existing laws.

How can Vasquez Law Firm assist with the PERM process?

Vasquez Law Firm offers comprehensive immigration services, including labor certification application processing, labor certification amendment application processing, and guidance throughout the green card process. They provide free initial consultations and flexible payment options.

What is the significance of the immigrant workforce in the U.S.?

Immigrants make up over 18% of the U.S. civilian labor force in 2024, totaling over 32.2 million workers, highlighting their vital role in the economy.

What should individuals do if they need help with the immigration process?

Individuals seeking assistance with the immigration process, including obtaining a Green Card through employment, can contact Vasquez Law Firm for expert guidance and support. They offer virtual consultations and can appear remotely in immigration courts nationwide.

List of Sources

1. Define the PERM Process and Its Importance for Immigrants
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3. Outline the Step-by-Step Phases of the PERM Process
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4. Discuss Common Challenges and Solutions in the PERM Process
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