Obtaining a Lawful Permanent Resident (a.k.a. Green Card) is a multi-step process. In most instances, before the U.S. employer can file an immigrant petition on behalf of the beneficiary, the employer must file and obtain a labor certification on behalf of the beneficiary.
Labor Certification, commonly called PERM (Program Electronic Review Management) is a document on which the Department of Labor (DOL) certifies, to the US Citizenship & Immigration Services (USCIS), that there are not sufficient able, willing, qualified and available U.S. worker to accept the job opportunity in the area of intended employment and that the employment of the beneficiary will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Procedure & Requirement
- The beneficiary of the PERM must have an existing permanent job offer from the U.S. petitioner.
- The offered wages must be equal to or above the DOL prevailing wage.
- The labor market, at the place of employment, must be analyzed by conducting a recruitment process before submitting the PERM application.
- Once the PERM is certified, the petitioner must file an immigrant petition with the USCIS before the expiration of PERM.
- PERM regulations mandates recruitment steps for both professional and non-professional position.
- The recruitment steps must be concluded at least 30 days but no more than 180 days before the filing of the PERM.
- The first step in the PERM process is for the U.S. petitioner to request for a “prevailing wage determination” with the DOL.