What is a PERM Application?

Before you can hire a foreign worker to fill a permanent position here in the United States, you must obtain a Permanent Labor Certification by undergoing the Program Electronic Review Management (PERM) process. Obtaining a PERM allows you to sponsor an employee for a green card.

The PERM process helps employers show the following:

1. They are offering the prevailing wage for the position in question.
2. No authorized worker is able, willing, or available to perform the required job. 
3. Hiring the foreign worker will not have a negative impact on US workers.

To do this, you must submit a request for a Prevailing Wage Determination to the Department of Labor.

You must provide them with the following information:

1. A description of daily job duties.
2. Minimum education requirements for the job.
3. Experience and skills required for the role.
4. Whether travel or supervisory responsibilities are required.

You must also provide proof that you placed recruitment advertisements 30 to 180 days before filing the PERM applications. Note that you can’t just slap an advertisement on Indeed.com. 

Here in Philadelphia, if you are attempting to fill a professional role, you must:

1. Place a work order with the PA Workforce Development Association.
2. Place two Sunday ads in The Philadelphia Inquirer.
3. Place one internal posting notice.
4. Indulge in 3 additional recruitment steps from the following alternatives: job fairs, your own website, a job search website other than your own, conducting on-campus recruiting, recruiting in trade publications, making use of a private employment firm, running an employee referral program with incentives, post the job with campus placement offices, run ads in local and ethnic newspapers, and place radio or television advertisements.

If you’re trying to fill a non-professional role, you must place a job order with the PA Workforce Development Association for a period of 30 days and place two Sunday advertisements in The Philadelphia Inquirer. 

In either case, the job description that you post must:

• Adhere to industry norms
• Be tailored to the workers’ qualifications
• Cannot be unduly restrictive (unless compelled by business necessity)

Finally, you must promptly respond to any qualified resumes or applications submitted for the advertised position. If you don’t manage every inquiry, conduct interviews, and handle job applications correctly, you may struggle to get your PERM application approved. The Department of Labor conducts regular audits to ensure that employers are complying with the regulations. 

If you feel you need to hire a foreign worker, contact our firm. We can help ensure the PERM process runs smoothly for you. 

See also:

How Does an Employment-Based Green Card Work 

Who Is Responsible for Paying Employment Visa Fees

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