When a foreign national applies for an employment-based immigrant visa, they must first obtain a PERM certification. PERM stands for program electronic review management. The purpose of the PERM certification is to protect existing workers in the U.S. by ensuring them that foreign workers are not displacing U.S. workers who are equally qualified.
The PERM certification is issued by the Department of Labor (DOL) and allows an employer to sponsor a foreign employee for permanent residency in the U.S. The DOL must also prove to the USCIS that there are not sufficient workers in the U.S. who are qualified, able, willing, and currently available to perform that specific job. Similarly, the DOL must prove that hiring the foreign worker will not affect the wages of existing U.S. employees in a similar job field.
Who Should Apply for PERM
The PERM labor certification is required for foreign nationals who are seeking permanent residency under an employment-based visa, specifically the EB-2 and EB-3 visa. The EB-2 visa is for foreign national professionals who have an advanced degree such as a master’s degree or higher, or a foreign national who has advanced knowledge in art, business, or science. For example, someone who has a bachelor’s degree but years of experience in their field. On the other hand, the EB-3 visa is an employment-based visa is for a foreign national who has a bachelor’s degree or is skilled in their field with years of experience.
To apply for PERM, you will also need to meet a few basic requirements. Your employer will need to hire you as a full-time employee because part-time employment is not allowed. Your employer must also prove that you’re your job position is a legitimate, and not based around your qualifications. Your employer must prove that there are no existing workers in the U.S. who are available, qualified, or willing to complete your job task. Finally, your employer must prove they have the funds available to to pay you the requested wage.
Steps to Apply for PERM
- Your employer must finalize your job description. Many of the applications in the green card process require this description. It is recommended that your employer consults with an immigration attorney to ensure that the job description is sufficient, and not lacking any critical points.
- Your employer’s immigration attorney can help to do research on what the current wage is for your specific job. They will need to determine the prevailing wage which is the minimum amount that you can be paid. The attorney will need to file a formal prevailing wage request to the DOL.
- Before filing your PERM application, your employer will need to perform a recruitment. The purpose of the recruitment is to make potential U.S. workers aware that there is a job position being offered.
- File your PERM submission online with the DOL.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
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