How Do Employers Begin the PERM Application Process?

How Do Employers Begin the PERM Application Process?

For employers seeking to hire foreign talent for a permanent position, the PERM labor certification process is often the first and most critical step toward securing an employment-based green card for a valued employee. This process is complex and requires meticulous attention to detail. At Hussain, Bendersky & Liston LLC, we provide employers with the strategic legal guidance needed to navigate this journey successfully.

To begin the PERM application process, employers must follow several key steps mandated by the U.S. Department of Labor (DOL).

• Define the Job Opportunity: The employer must first create a detailed job description with requirements that are standard for the industry and not tailored to a specific foreign worker.
• Request a Prevailing Wage Determination: Next, the employer must obtain a Prevailing Wage Determination (PWD) from the DOL to ensure the offered salary meets or exceeds local wage standards for the occupation.
• Conduct Mandatory Recruitment: The employer must conduct a thorough recruitment campaign to test the U.S. labor market and prove that there are no willing, qualified, and available American workers for the position.
• File Form ETA-9089: If the recruitment efforts do not yield any qualified U.S. candidates, the employer can then file the PERM application, Form ETA-9089, with the DOL.

What Is PERM?

PERM stands for Program Electronic Review Management. It is the system used by the Department of Labor to process labor certifications, which are a prerequisite for most employment-based green card categories, specifically the EB-2 and EB-3 visas. The PERM process is designed to protect the job opportunities and wage levels of U.S. workers.

Why Is Labor Certification Necessary?

Before a U.S. employer can sponsor a foreign national for permanent residence, they must first prove to the U.S. government that hiring that individual will not displace a qualified American worker. The labor certification process serves as this proof. By conducting a series of mandatory recruitment steps, such as posting job ads in newspapers, online job boards, and with the State Workforce Agency, the employer demonstrates a good-faith effort to hire locally. Only after this labor market test is completed and documented can the employer proceed with the green card sponsorship for the foreign employee.

How Long Does the PERM Process Take?

The timeline for a PERM case can vary significantly based on DOL processing speeds and whether the case is selected for an audit. Here is a general breakdown of the timeline:

• Prevailing Wage Determination: This step can take several months. The DOL reviews the job duties, requirements, and location to issue an official prevailing wage.
• Recruitment Period: The recruitment phase must last for at least 30 days but cannot extend beyond 180 days before filing. During this time, the employer must post ads and review applications.
• Quiet Period: After the last recruitment step is completed, there is a mandatory 30-day “quiet period” before the employer can file the PERM application.
• DOL Adjudication: Once Form ETA-9089 is filed, DOL processing can take anywhere from six months to over a year. If a case is selected for an audit, this timeline can be extended significantly.

Given these variables, employers should anticipate the entire PERM process taking at least 12 to 18 months, if not longer.

How We Can Provide Support

The PERM process requires a deep understanding of DOL regulations and a strategic approach to recruitment and documentation. A minor error, such as a missed deadline or an improperly placed advertisement, can result in a denial and force the entire process to start over.

The experienced team at Hussain, Bendersky & Liston LLC partners with employers to manage every stage of the PERM process. We provide strategic guidance on drafting job descriptions, oversee recruitment campaigns to ensure full compliance, and meticulously prepare and file all necessary documentation. Our goal is to streamline this complex procedure, minimize the risk of audits or denials, and position you for a successful outcome.

If you are an employer considering the PERM process to retain a key foreign employee, contact our firm today to schedule a consultation. Let us be your trusted ally in securing the talent your business needs to thrive.