PERM Sponsor Information: Employment-Based Green Card

19 September 2024

At Midwest Law LC, we help employers navigate the PERM Sponsor Information process for obtaining employment-based green cards for foreign workers. Here’s a simplified overview of the key steps involved in the Program Electronic Review Management (PERM) process.

What is PERM?

PERM, or Labor Certification, is the first step for employers sponsoring an employee for permanent residence in the U.S. This process allows foreign nationals to obtain an employment-based immigrant visa (green card) for lawful permanent residency.

Who Can Be Sponsored?

• Eligibility: Any employer can sponsor a full-time, permanent position lasting more than a year.
• Exemptions: Certain occupations, like nurses, physical therapists, and individuals with exceptional abilities, may not require PERM.

PERM Employer Responsibilities

1. Financial Proof: Employers must show they can pay the government-approved wage.
2. Cost Coverage: All costs related to the PERM application must be covered by the employer.

Proving Good Faith Efforts

Employers need to demonstrate to the Department of Labor that hiring the foreign worker will not displace U.S. workers by actively recruiting domestically.

Recruitment Steps

Mandatory Steps:

1. File Prevailing Wage Determination (PWD): Ensure wages meet the prevailing rate for the occupation.
2. Local Notification: Run two Sunday ads in a local newspaper.
3. Filing Notice: Post the job internally for 10-13 business days.
4. Job Order: Post the job with the State Workforce Agency for 30 days.

Additional Recruitment for Professional Jobs:

Choose three from the following options:

• Job Fairs: Attend local job fairs.
• Company Website: Post the job on your website.
• Job Search Websites: Advertise on job platforms.
• On-Campus Recruiting: Engage with college job fairs.
• Trade or Professional Organizations: Notify unions if applicable.

Next Steps

1. File Form ETA 9089: Submit the Labor Certification application to the Department of Labor.
2. File I-140: Submit the Immigrant Petition for Alien Worker to USCIS.
3. Apply for Permanent Residency: Employees file Form I-485 if in the U.S. or opt for Consular Processing if abroad.

Summary

In summary, the PERM process is a vital step for employers looking to sponsor foreign workers for permanent residence in the U.S. By understanding the PERM sponsor information eligibility requirements, employer responsibilities, and recruitment steps, you can navigate this complex process with confidence. At Midwest Law LC, we are committed to providing the guidance you need to successfully obtain employment-based green cards for your employees. Contact us today to get started!