PERM (Program Electronic Review Management) is the first step in most employment-based Green Card applications. It is a labor certification process managed by the U.S. Department of Labor (DOL) to ensure that hiring a foreign worker will not negatively affect U.S. workers. Employers must prove that no qualified, willing, and available U.S. workers can fill the position.

 

The process requires mandatory recruitment efforts, including advertising the job and interviewing qualified U.S. applicants. Employers must lawfully disqualify eligible U.S. applicants in order for the PERM to be certified.  Employers must also comply with prevailing wage requirements to ensure fair compensation. Any mistakes in recruitment or paperwork can lead to denials, delays, or an audit.

 

 

Once PERM is certified, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) and ultimately file for an immigrant visa.

 

Agarwal Law Group helps employers navigate PERM and the employment-based immigration process. If you would like to retain employees who are currently in H-1B status, we recommend considering the PERM/Employment-based green card option.  The process can take approximately 3 or more years.  Accordingly, we recommend developing a plan well in advance of visa expiration.  Please call 703-348-1663 to schedule a consultation and discuss your case.