perm process

Overview

The Program Electronic Review Management (PERM) Process is required for those employers petitioning under the EB-2 (unless a National Interest Waiver can be obtained) and EB-3 preference categories. Before EB-2 and EB-3 petitions can be filed for an employer to sponsor a beneficiary employee for Legal Permanent Resident status, employers must obtain a labor certification from the Department of Labor (DOL). The application for labor certification is obtained by filing Form 9089. 


Through this process, the DOL certifies:

  • There is not a sufficient number of U.S. workers that are qualified to fulfill the open position(s) at the prevailing in the state, and 
  • ​Hiring the foreign worker will not adversely affect the wages and working conditions of other workers that are similarly situated.

 

The PERM Process is an extensive and complex process, with a high chance of audit, and no employer should attack it alone. You should consult an experienced immigration attorney if you have any questions about the process. 

What We Can Do For You

  • Ensure that you comply with the notification and recruiting steps required by the Department of Labor
  • Ensure that your recruitment notices and interview records are retained and organized in the event of an audit
  • Obtain a Prevailing Wage Determination (PWD) from the relevant State Workforce Agency (SWA)
  • Complete and submit Form 9089 
  • Once we receive the LCA, we will proceed to the applicable steps under EB-2 or EB-3.
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