Obtaining permanent labor (PERM) certification, administered by the United States Department of Labor (DOL) Employment and Training Administration (ETA), is important for employers seeking to hire foreign workers in the United States. This certification is a prerequisite for submitting immigration petitions to the Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS). The DOL's role is to ensure that hiring foreign workers does not negatively impact job opportunities, wages, or working conditions for American workers.
The PERM application process demands adherence to regulatory requirements outlined in the Code of Federal Regulations (CFR). Employers filing Form 9089 must fulfill specific conditions ensuring fair recruitment practices and compliance with labor standards. The process involves pre-filing recruitment steps such as job listings and newspaper advertisements. Employers also must notify current employees or their union representatives about impending PERM applications. After fulfilling these obligations, employers can initiate the application process electronically or via mail.
Upon receiving PERM certification, employers proceed with USCIS Form I-140, which initiates the green card process for non-U.S. citizens. This form, submitted within 180 days of PERM approval, signals the transition from labor certification to visa petitioning. USCIS assesses the beneficiary's qualifications and determines eligibility based on visa preferences, such as EB-2. EB-2 visa applicants must demonstrate advanced degrees and exceptional abilities or qualify for a National Interest Waiver, each with distinct eligibility criteria. Completing the PERM process opens avenues for employers to secure permanent residency for qualified foreign workers.
