The Program Electronic Review Management (PERM) system is used to conduct labor certifications, which are the first stage in obtaining an EB-2 or EB-3 visa immigrant visa for certain foreign people.

Overview

All labor certification applications must now be filed through PERM, which was initially implemented on March 28, 2005. For new labor certification filings, forms such as ETA Form 750 and Reduction in Recruitment (RIR) are no longer available. EB-2 (with the exception of National Interest Waivers) and EB-3 are the employment-based preference categories that need PERM labor certifications.

Purpose

The Department of Labor (DOL) must issue a labor certification before a U.S. firm can file an immigration petition for a foreign worker in most EB-2 and EB-3 visa positions. To this aim, the employer files ETA Form 9089 to the Department of Labor, which validates the employee's eligibility that

1) There are not enough American workers who are able, qualified, and willing to accept the job offer at the prevailing salary for that occupation in the area where the business expects the foreign worker to work; and

2) The pay and working conditions of similarly employed U.S. workers will not be harmed as a result of the foreign worker's employment.

Process

In short, before filing a labor certification application, the petitioning business must execute a series of recruitment operations to test the labor market. If an employer discovers that there are insufficient numbers of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, during the recruitment process, the firm can file a PERM labor certification application.

Employers can submit their labor certification application to the DOL for adjudication either electronically or by mail, according to PERM requirements. While employers are not required to present supporting documents when filing, they must have completed all recruitment activities and gathered all evidence before filing. Website printouts, newspaper rip sheets, and job orders are examples of documents that businesses might use to demonstrate recruitment operations. (Petitioning employers should keep this documentation for five years in the event of a future audit or review.)

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