1. What’s PERM?
PERM stands for Program Electronic Review Management. It’s a process that U.S. employers must go through to obtain labor certification for the employment of foreign workers. It’s a crucial step in the employment-based green card (permanent residency) process for foreign workers in certain employment categories.
2. What’s I-140?
Form I-140 is the Immigrant Petition for Alien Worker. It’s filed by an employer on behalf of a foreign worker to petition for their permanent residency in the United States. It’s an important step in the employment-based green card process and is often tied to the PERM labor certification.
3. The PERM Process
Recruitment: The employer must conduct a recruitment process to test the labor market for available U.S. workers. This typically includes placing job ads, posting notices, and more.
Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the Department of Labor to ensure the offered wage is in line with industry standards.
ETA Form 9089: The employer files this form electronically through the PERM system. It includes information about the job requirements, recruitment efforts, and more.
Review and Approval: The Department of Labor reviews the application to ensure it meets all requirements and that there are no qualified U.S. workers available for the position.
Recruitment Report: The employer needs to maintain documentation of their recruitment efforts and be prepared to provide them if requested.