Business Immigration: Understanding PERM Labor Certification

The Program Electronic Review Management system, or PERM, is a system that is used by employers who are looking to obtain labor certifications. The system is necessary for employers who want to bring in people on EB-2 and EB-3 visas, and functions as the first step in the approval process. The system has been in place since March 28, 2005, and is a requirement for all labor certification applications that took place after this date.

While the system serves many functions, one of the primary uses is to help the employers meet the requirements of serving the local job market first.

The PERM system will require the employer to conduct a variety of different recruitment activities designed to test the local labor market. If they are able to find qualified and willing applicants from the pool of US citizens or permanent residents, the employer will not qualify to move on with the visa application process. If, however, there are not enough local workers to meet the demand, the employer may continue through the process to hire from foreign countries.

Once the initial recruitment activities are completed, the employer can petition the Department of Labor for a certification that will show that there is insufficient local talent. The petition is simple to complete and can be done via mail or through the Internet. While there is no requirement to submit the documentation showing that the recruitment activities have taken place, it is important to have the documentation available for if or when the DOL requests it.
Getting the PERM labor certification can be quite complicated and is also time-sensitive, which is why it is important to become familiar with the PERM system. If you’ve never used it successfully in the past, it can be very helpful to have an experienced business immigration attorney to help you through it. This will serve to avoid delays and other issues that could even result in being unable to obtain the certification you need to get your visas approved. Please contact us today to learn more!