As an employer looking to sponsor an employee green card, it is crucial that you understand PERM laborers certification. Employer green card sponsorship comes with several requirements and the PERM process can be quite complex, which is why it is strongly recommended that you seek the help of an experienced immigration attorney before proceeding. Keep reading to find out more about the requirements for PERM labor certification when sponsoring an employee green card.
What Is PERM Labor Certification?
Program Electronic Review Management, otherwise known as PERM, is a labor certification process employers have to go through if they want to employ foreign workers. The entire PERM process is overseen by the Department of Labor, or DOL, and the Employment and Training Administration, or ETA.
The first purpose of PERM labor certification is to protect the U.S. labor market, ensuring employers have not found any U.S. workers to fill the job position. The second purpose of PERM is to demonstrate that the foreign worker will not negatively impact either the wages or working conditions of similarly employed U.S. workers.
Also, keep in mind that PERM labor certification is not always required for all types of employer green card sponsorship. This is something only required for the second preference EB-2 and third preference EB-3 visa categories.
PERM Labor Certification Process
If you are sponsoring a second preference EB-2 or third preference EB-3 visa category, you will need to proceed with PERM labor certification. To do this, there are some basic requirements you must meet:
- Make the job listing available to U.S. workers.
- Obtain prevailing wage determination.
- Have enough money to pay the promised wages.
- Complete the required recruitment steps to determine that no U.S. workers are suitable.
- Give notice before submitting your PERM application.
After meeting these requirements, the next step of PERM certification is completing and filing the ETA Form 9089. This form can be submitted either online or by mail.
In addition to these requirements, here are some additional things you may need to prove for PERM:
- The immigrant worker can be put on payroll the day before or the day of their arrival.
- Prove that the job is full-time and permanent.
- That any U.S. worker applications have been denied for lawful reasons.
- The wages for the immigrant worker are not dependent on financial incentives, bonuses, or commissions.
- Prove that the working conditions and terms of employment meet all relevant legal standards, whether those be state, federal, or local statutes.
- The job offer did not discriminate based on religion, race, age, sex, color, nationality, creed, citizenship, or disability.
- The job opening did not become available due to labor stoppage or strikes.
- The employer is not the same person as the foreign worker.
Possible Timeline and Delays
As of right now, the average PERM processing timeline is 483 days. However, this is completely dependent on each individual situation. This can also be impacted if there are issues with your PERM application, whether that be inconsistencies, errors, or not providing enough information.
To avoid running into delays or issues with ETA Form 9089, it is essential that all the information you provide is accurate and consistent.
It is also recommended that you submit your PERM application electronically through the permanent online system. This will create a faster processing time, as well as allow you to track your application and receive quick confirmation of your status. It is also the best option if you are filing more than one Form 9089.
Tips for Employers to Stay Compliant
Employers who are sponsoring foreign workers need to stay compliant for this process to proceed legally and smoothly. There are many issues that can arise during this process, so you may need to be prepared to address any possible problems.
Here are some actionable tips you can use to maintain compliance when sponsoring a foreign worker and applying for PERM:
- Avoid job biases: One of the main requirements for PERM is making the job position available to U.S. workers and not discriminating against them. If your goal is to hire a foreign worker, it can be very easy to create job description biases as a way of making it less likely that a U.S. worker will be a good fit. However, this can lead to serious issues, as these are things that the DOL and ETA will look for.
- Keep records: To prepare for any possible issues with your PERM certification, you need to keep all records regarding your recruitment, hiring, and reviewing processes. This includes keeping records of applications and why they were denied. Also, keep track of all relevant financial records that you may need to prove things like the ability to pay the promised wages and the ability to put the foreign worker on payroll upon arrival.
- Hire an attorney: Although it is not legally required to hire an immigration attorney when sponsoring an employment-based green card, it is strongly recommended. This can be a complex process, and the best way to avoid delays or issues is to have legal representation. An attorney will ensure you are doing everything legally and are submitting strong documentation and forms.
Hire an Immigration Attorney Today
Are you curious about the employment-based green card process? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Do all green card jobs require PERM?
No, PERM is most commonly required for second preference EB-2 and third preference EB-3 visa categories. Also, some NIW or Schedule A occupations are exempt from this requirement.
How long does the PERM process take?
There is no specific processing time that applies to every situation as many factors impact the timeline; however, processing can take around 483 days or 6 to 12 months on average.
Can I change employers during the process?
Sometimes this is possible but it can disrupt the application depending on the stage of the process you are in.
