PERM
PERM Labor Certification
To employ a foreign worker permanently, an employer must obtain a permanent labor certification from the Department of Labor (DOL). Typically, DOL approval is a prerequisite before a U.S. company can file an immigration petition with USCIS. The DOL certifies to USCIS that there’s a lack of qualified American workers for the position and that hiring a foreign worker won’t adversely affect U.S. workers’ pay and conditions. The PERM program, introduced over ten years ago, allows employers to submit Form ETA 9089 online or by mail. Adjudication by the DOL typically takes three to 10 months, although timelines can vary.
Process Overview
Before filing a PERM application, the employer must obtain a prevailing wage decision from the National Prevailing Wage Center and conduct required recruitment procedures. The sponsoring business must pay the full prevailing wage, with additional “guaranteed” incentives or commissions allowed. For “professional” or “nonprofessional” occupations, different recruitment methods are needed. Commonly, this includes filing a 30-day job order, two Sunday job advertisements, and a 10-day job opportunity notice at the work location. Additionally, the employer must choose at least three alternative recruitment strategies for professional roles, conducted between 180 and 30 days before the PERM application submission. One of these strategies may be completed within the 30-day window before submission.
The ETA Form 9089 may not be filed with supporting documents; however, if the employer’s application is chosen for audit or if the Certifying Officer otherwise demands it, the employer must submit the necessary accompanying documentation.
Five years after submitting the ETA Form 9089, the employer must keep copies of all applications for certification of permanent employment and any related paperwork. For instance, the employer must keep the NPWC prevailing wage determination documentation for five years beyond the date the application was filed, even though it is not submitted with the application.
The ETA Form 9089 can be submitted online (using web-based forms and instructions) or by mail by the employer. However, the DOL highly advises companies to submit electronically. through legitimate channels.
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