Obtaining a Labor Certification through PERM

What is PERM?

PERM stands for Program Electronic Review Management. It is a program used to apply for a Labor Certification. This is the program used by the US Department of Labor since 2004.

 

Who should use PERM?

US employers who want to file a Petition for Alien Worker for a foreign national under the classifications EB-2 (Professionals with advanced degrees and exceptional abilities) and EB-3 (Professionals with baccalaureate degrees, skilled and unskilled workers) should use PERM to apply for a Labor Certification.

 

What steps must an employer take to obtain a labor certification through PERM?

  1. The US employer must first obtain a Prevailing Wage Determination from a State Workforce Agency in the state where the job or position will be located.
  2. The US employer must advertise the position in the usual manner of advertising vacancies and actively recruit applicants for the position.
  3. If there are no US workers who are readily able, qualified and willing to apply for the position, the US employer must submit to the US DOL an Application for Permanent Employment Certification (ETA Form 9089).

 

What is the Prevailing Wage Determination?

It is a process by which the National Prevailing Wage Center gathers data throughout the US to arrive at the prevailing wage for each type of occupation. It is a listing of wage rates and fringe benefit rates for every classification of workers or laborers by the Administrator of the Wage and Hour Division of the US Department of Labor.

 

What is the prevailing wage?

The prevailing wage is the average wage paid to workers employed in a similar occupation in the same area or location of employment. It is the hourly wage, benefits and overtime paid in the largest city in each county to most workers and laborers.

 

What will the Department of Labor do with the PERM application?

  1. PERM will review the application form and determine whether the application meets all the regulations.
  2. They may audit a case or application randomly – thus, the need for accuracy in providing information.
  3. If the PERM processing center is satisfied that the application meets all requirements, the Dept. of Labor will certify the application.
  4. The Dept of Labor will then issue a Labor Certification.

 

What information is required for PERM processing?

The following information will be required:

  1. Information about the employer:
    1. Full name of the employer’s business or organization
    2. Principal place of business
    3. Contact information
    4. Total number of employees working for the employer
    5. Date employer commenced business
    6. Federal Employer Identification Number (EIN) issued by the US Internal Revenue Service.
    7. North American Industry Classification code (NAICS)
  2. Information of employer’s contact person:
    1. Point of contact is the person who will be responsible for coordinating and communicating with the USCIS and Department of Labor
    2. Business address of the contact person
    3. Contact information (phone number, mobile number, email address)
  3. Information about the Agent or Attorney of the employer:
    1. Legal name of the attorney or law firm
    2. EIN of the attorney or law firm
    3. Business address
    4. Contact information including phone numbers and email addresses.
  4. Prevailing Wage Information
    1. Prevailing wage tracking number assigned by the state, if any.
    2. Standard Occupational Classification
    3. Occupational title
    4. Skill level of the job
    5. Prevailing wage rate
    6. Expiry date of the prevailing wage determination
  5. Information of Wage offered to employee
    1. Wage rate proposed to be paid by the US employer to the foreign national
    2. Rate of payment (if per hour, weekly, bi-weekly, monthly or annually)
  6. Information about the job
    1. Worksite address or location
    2. Title of the job as appearing in the payroll
    3. Educational attainment required for the job
    4. Training required, if any
    5. Number of months training required, if any
    6. Degrees required, if any
    7. Skills required, if any
  7. Recruitment Information
    1. Date when recruitment and selection process started.
    2. Name and date of the professional journal where job was advertised
    3. Name of the newspaper where the job was advertised
    4. Dates when the job was advertised in the newspaper
    5. Name and dates of the job fair where the job was advertised
    6. Name and date of advertisement on the website of the employer
    7. Name and date of advertisement on a job search engine
  8. Information about the Alien Worker
    1. Complete name
    2. Complete address or current residence
    3. Contact number (phone number, mobile and email address)
    4. Country of citizenship
    5. Date and place of birth
    6. Alien registration number, if any
    7. Alien admission number, if any
    8. Educational attainment
    9. Major fields of study/training
    10. Institutions from where education was obtained
    11. Complete address and contact numbers of academic institutions
    12. Complete work history
  9. Declaration by the Employer
  10. Declaration of the Alien Worker
  11. Declaration of the person who prepared the ETA Form 9089

 

Contact the immigration lawyers from Lluis Law for help in acquiring a Prevailing Wage Determination or PERM Labor Certification. Our experienced lawyers are willing to help you.

 

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