For many foreign nationals seeking to live and work permanently in the United States, an employment-based green card is the goal. The first crucial step in this journey often involves a process known as PERM, which stands for Program Electronic Review Management. Also referred to as “Labor Certification,” PERM is typically the initial stage for employers looking to sponsor an employee for permanent residence in the U.S..
PERM is designed to allow certain foreign nationals (noncitizens/immigrants) to obtain an employment-based immigrant visa, commonly known as a green card or lawful permanent residence. The basic point of the full PERM process is to prove to the Department of Labor (DOL) that the foreign worker will not displace any United States worker by taking the job with the U.S. employer. The U.S. government expects employers to make a good faith effort to hire from within the United States first, before turning to a foreign national. Publicizing the job widely is a key way to demonstrate this good faith effort.
PERM is crucial because it is the mandatory initial step for employers sponsoring foreign nationals for an employment-based green card. Its primary purpose is to prove to the Department of Labor that the foreign worker will not displace any United States worker, as the U.S. government expects employers to first make a good faith effort to hire from within the U.S.. This involves extensive job publicizing and recruitment efforts. Without a successful PERM application, obtaining an employment-based green card is generally not possible, making it a foundational requirement for permanent residency for many foreign nationals. The process also signifies the employer’s commitment, requiring them to bear all PERM application costs and demonstrate the ability to pay the government-approved wage.
This process proves to the Department of Labor that a U.S. worker won’t be displaced, requiring employers to first make good faith efforts to hire from within the U.S.. The employer must ensure the position is full-time and permanent, and pay all PERM costs.
• File Prevailing Wage Determination (PWD): To ensure the offered wage meets the local standard.
• Recruitment: Involves mandatory steps (e.g., two Sunday newspaper ads, workplace notice, State Workforce Agency job order) and three additional steps for professional jobs (e.g., staffing agency, company website).
• File Form ETA 9089: Application for Labor Certification with the DOL.
• File Form I-140: Immigrant Petition for Alien Worker with USCIS.
• File Application for Permanent Residency: Employee files Form I-485 (in U.S.) or via Consular Processing (abroad).
We guide both employers and foreign nationals through every step of the PERM process — from recruitment strategy to documentation and application filing. Our goal is to ensure compliance with all regulations while making the process as smooth and efficient as possible.
PERM sponsorship is a vital and often challenging step toward employment-based permanent residency. With careful planning and expert legal support, you can navigate this process successfully.
Contact us today to schedule a consultation and take the first step toward securing your employment-based green card with confidence.
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