PERM

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PERM

For many foreign professionals, building a lasting future in the United States through a career begins with one essential step: PERM. The Permanent Labor Certification Program, managed by the U.S. Department of Labor (DOL), is often the first milestone on the road to an employment-based green card. A PERM certification confirms that a U.S. employer can hire a foreign worker for a permanent position without displacing qualified American workers or lowering wages for the existing workforce.

While the concept sounds simple, the process is typically anything but. PERM involves strict timelines, detailed recruitment requirements, and precise documentation. The right guidance is vital for both employers seeking to retain top talent and professionals working toward permanent residency. At Hussain, Bendersky & Liston LLC, we provide corporate immigration and employment solutions, helping businesses of all sizes employ exceptional foreign professionals both temporarily and permanently. With over 35 years of combined experience, we take on complicated immigration challenges with tailor-made strategies and steady, hands-on support.

Who We Help

The PERM process can be involved in many different sponsorship situations, and we tailor our guidance to fit each one. We regularly help:

  • Employers sponsoring a prospective foreign employee who need to determine whether PERM is required before sponsorship can move forward.
  • Companies with valued temporary foreign employees who want to sponsor them for permanent residence so they can stay with the team long term.
  • Employers handling PERM for the first time who need help navigating the prevailing wage, recruitment, documentation, or PERM filing steps.
  • Employers sponsoring positions with specialized requirements that must be accurately defined and documented before PERM-related recruitment begins.
  • HR teams managing multiple PERM sponsorships who need a consistent system to coordinate job information, recruitment records, and filing deadlines.

We help both employers and employees understand the employer-led PERM process, the different roles in it, and what happens after labor certification.

How the PERM Process Works

PERM certification depends on meeting several core requirements set by the Department of Labor, and only with this certification can an employer sponsor a foreign worker for permanent residency. Conditions to be met include:

  • Employer Sponsorship: A U.S.-based employer must sponsor the foreign worker for the position. The employer must show a genuine need for the role and meet all legal requirements for sponsorship.
  • Job Requirements: The position must reflect real, industry-standard requirements. The job cannot be tailored to favor the foreign worker over other potential candidates.
  • Recruitment Process: Employers must conduct a supervised recruitment campaign to demonstrate that no willing, qualified, and able U.S. workers are available for the position. This includes advertising through approved channels and carefully documenting every effort.
  • Prevailing Wage Determination: The employer must agree to pay the prevailing wage for the position, as determined by the DOL, protecting both the foreign worker and existing U.S. wage standards.

Success in this process depends on precise execution. Our team supports clients at every stage with clear, strategic guidance, assistance with preparing all documentation, alignment with DOL regulations, and personalized, informed support.

Why Choose Our Firm to Guide You?

Employers and professionals choose Hussain, Bendersky & Liston LLC for PERM matters because our practice is built around this kind of work. We offer:

  • Dedicated Corporate Immigration Experience: Employment-based immigration is a core component of our practice, giving us practical command of PERM requirements, recruitment rules, and DOL compliance.
  • Tailored Strategies: We build each PERM case around the specific role, the candidate’s qualifications, and the employer’s pertinent business needs.
  • Process-Driven Case Management: From prevailing wage requests and recruitment to documentation and filing, our organized workflow keeps your case on schedule and audit-ready.
  • Decades of Combined Experience: With more than 35 years of combined experience, we know how to anticipate challenges and prepare well-supported filings that hold up under scrutiny.
  • Accessible and Responsive Support: PERM cases involve strict deadlines and sequenced steps, so we provide timely updates and clear communication throughout.

We know that PERM is often one step in a larger journey. Our firm can help you map the path from labor certification through I-140 and permanent residence, walking with you at every step.

Continuing Your Journey to Permanent Residence

The PERM process is an important step in the employment-based permanent residency process, and it leaves little room for error. Yet, with careful planning, thorough documentation, and steady legal guidance, employers can secure the talent they need and help foreign professionals move confidently toward permanent residency.

If you are exploring permanent residence through the PERM process, contact Hussain, Bendersky & Liston LLC today to schedule a consultation. Trust us to provide the legal insight and personalized service you need to move forward.

FAQs about PERM in Chicago

What types of green cards require a PERM labor certification?

Generally, the employment-based second preference (EB-2) and third preference (EB-3) immigrant visa categories require an approved PERM labor certification.

How long does the PERM process typically take?

The PERM process duration varies. The recruitment phase can take several months, followed by DOL processing, which can range from 6 months to over a year, depending on audits and backlogs.

What is the "prevailing wage" in the PERM process?

The prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. The employer must agree to pay at least this wage to the foreign worker.

What happens if a qualified U.S. worker applies during the recruitment process?

If a qualified and available U.S. worker applies for the position during the required recruitment period, the employer cannot proceed with the PERM application for the foreign national for that specific role.

Can an employer file a PERM for a position that requires a foreign language?

Yes, but the employer must demonstrate a business necessity for the foreign language requirement, proving it is essential for the job duties.

What is the difference between PERM and I-140?

PERM is the labor certification process handled by the DOL. The I-140 is the Immigrant Petition for Alien Worker, filed with USCIS by the employer after the PERM is certified, requesting an immigrant visa classification for the foreign national.

Can a PERM application be expedited?

Generally, PERM applications cannot be expedited. Processing times are subject to DOL workloads and regulatory procedures.

What are the common reasons for a PERM denial?

Common reasons for denial include insufficient recruitment efforts, failure to meet regulatory timelines, issues with the prevailing wage determination, and inadequate documentation of business necessity for certain job requirements.

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