A Permanent Labor Certification (PERM) is a document issued by the United States Department of Labor (DOL) that certifies that there are no qualified and available U.S. workers for a specific job opening in a specific area of intended employment. This certification is required for an employer to sponsor a foreign worker for permanent residence (green card) in the United States.
The PERM process begins with the employer filing a request for certification with the DOL’s Employment and Training Administration (ETA). The ETA will then conduct a recruitment effort to determine if there are any qualified and available U.S. workers for the job opening. If the ETA determines that there are no qualified and available U.S. workers, it will issue a PERM.
The employer can then use the PLC to file an I-140 Immigrant Petition for Alien Worker with the United States Citizenship and Immigration Services (USCIS). Once the I-140 is approved, the foreign worker can apply for permanent residence (green card) in the United States.
The PERM process is a time-consuming and complex process, and it is important for employers to work with an experienced immigration attorney to navigate the process and ensure compliance with all relevant laws and regulations.
From a lawyer’s perspective, the Permanent Labor Certification (PERM) process can be quite complex and challenging. It requires a thorough understanding of the regulations and laws governing the process, as well as an in-depth knowledge of the specific requirements for the job opening in question.
One of the key challenges of the PERM process is the recruitment effort that must be conducted by the employer. This recruitment effort must be extensive and must be conducted in a manner that is fair and non-discriminatory. The employer must also document all aspects of the recruitment effort, including the results of the recruitment and the qualifications of any U.S. workers who applied for the job.
Another challenge of the PERM process is the documentation that must be submitted to the DOL. This documentation must be accurate and complete, and must demonstrate that there are no qualified and available U.S. workers for the job opening. This can be difficult to prove, especially in cases where there is a shortage of workers in a particular field.
Once the PERM is granted, the employer must also comply with the requirements of the I-140 Immigrant Petition for Alien Worker, which is filed with the USCIS. This process also has its own set of requirements and documentation that must be met.
Given the complexity of the PERM process, it is highly recommended that employers work with an experienced immigration attorney who can guide them through the process, help ensure compliance with all relevant laws and regulations, and represent them in any disputes or appeals that may arise.
For more information about immigration law, immigration benefits, visas or green cards contact an experienced immigration attorney at Ayala at 305-570-2208.