Securing top global talent is a strategic priority for many companies, but the path to permanent U.S. employment for foreign workers begins with a complex legal process: the US Labor Certification process, also known as PERM (Program Electronic Review Management). This is a mandatory first step for employment-based green card petitions and must be managed carefully. For employers, understanding this checklist is crucial for success and federal compliance.
The PERM Process Checklist
Step 1: Prevailing Wage Determination
Before you can even begin recruiting, you must file a Prevailing Wage Request with the Department of Labor’s (DOL) National Prevailing Wage Center. This step is essential because it sets the minimum wage you must pay for the position. The DOL’s determination ensures that hiring a foreign worker will not negatively affect the wages of U.S. workers. The process involves submitting a detailed description of the job duties, minimum requirements, and the work location. This is a foundational step that must be completed accurately, as all subsequent actions depend on this decision.
Step 2: Recruitment and the Labor Market Test
Once the prevailing wage is issued, your company must conduct a good-faith effort to recruit U.S. workers for the position. This is the “labor market test,” where you prove that there are no qualified, willing, and available U.S. workers for the job. The DOL mandates specific recruitment steps, including placing a job order with the state workforce agency, posting two Sunday newspaper advertisements in a paper of general circulation, and conducting at least three other forms of recruitment from a predefined list. The employer must then document and save all recruitment efforts and results, including résumés and applications.
Step 3: Filing the PERM Application
If the recruitment efforts do not yield a qualified U.S. worker, the company can proceed with filing the Application for Permanent Employment Certification (Form ETA 9089) with the DOL. This form provides a comprehensive overview of the job offer, the recruitment process, and the foreign worker’s qualifications. No supporting documentation is filed at this time, but everything must be meticulously organized and readily available in case of an audit. The application is filed electronically and must be attested to by the employer.
Work With Klug
Given the complexity, many companies find the most efficient way to navigate the PERM process is with a specialized immigration law firm for employers. A labor certification process lawyer can guide you through each step.
Attempting this without expert guidance can lead to costly errors, which are the primary cause of delays and denials. An incorrectly calculated prevailing wage, a missed recruitment deadline, or a flawed application can lead to a case being audited or denied, forcing you to start over. This can add many months, or even a year, to an already lengthy process. Official data from the DOL and U.S. Citizenship and Immigration Services (USCIS) show that PERM processing times can vary significantly, often taking over a year for analyst review alone, with audits adding substantial delays.
A skilled business immigration law firm understands these timelines and can help you anticipate challenges and manage employee expectations.
When you’re ready to take your workforce global, let our experts give you peace of mind. Contact our office at info@klugfirm.com or (646) 512-8896.