What You Need to Know About the PERM Process for 2024

Navigating the U.S. immigration landscape can be daunting, especially when considering employment-based options like the PERM process. In 2024, the PERM (Program Electronic Review Management) process remains a crucial step for employers who wish to sponsor foreign nationals for permanent residency in the United States. This blog post will clarify what the PERM process entails, the legal frameworks involved, and how you can successfully navigate this intricate procedure.

Legal Background: What is the PERM Process?

The PERM process is the first step in the employment-based green card process for foreign workers. It is governed by the U.S. Department of Labor (DOL) and aims to ensure that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar employment.

Under the Immigration and Nationality Act (INA) Section 212(a)(5)(A), employers must obtain a labor certification from the DOL before filing an immigrant petition for a foreign worker. This certification verifies that:

There are insufficient U.S. workers who are able, willing, qualified, and available for the job.
Employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

How Does the PERM Process Work?

The PERM process is intricate but can be broken down into several key stages:

Job Description and Requirements: Employers must clearly define the job duties and minimum requirements for the position. The job requirements should reflect the actual needs of the job and should not be tailored to the foreign worker’s specific qualifications.
Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the DOL to ensure that the wage offered meets or exceeds the average wage for the occupation in the geographic area of employment. This step is crucial to protect U.S. workers from wage suppression.
Recruitment Process: Employers are required to conduct a recruitment campaign to test the U.S. labor market. This involves:
- Posting a job order with the state workforce agency.
- Running two Sunday advertisements in a newspaper of general circulation.
- Engaging in three additional recruitment steps, which may include job fairs, employer's website posting, and on-campus recruitment.
Filing ETA Form 9089: If no qualified U.S. workers are found, the employer can file ETA Form 9089 electronically through the DOL's online system. This form certifies that the employer has met all regulatory requirements.
DOL Processing: Once filed, the DOL reviews the application. As of 2025, current processing times can range from several months to over a year depending on backlogs and case specifics.
Audit or Approval: The DOL may audit the application, requiring additional documentation to verify compliance. If approved, the employer can proceed to the next step in the green card process by filing Form I-140 with USCIS.

Eligibility Criteria for PERM Labor Certification

To be eligible for the PERM process, employers and foreign workers must meet specific criteria:

Employer Requirements:
- Must have a legitimate job opening.
- The job must be full-time and permanent.
- Must be able to pay the offered wage.
Foreign Worker Requirements:
- Must meet the minimum qualifications and experience as per the job description.
- Must have a valid status if currently residing in the U.S.

Common Challenges and Considerations

Navigating the PERM process can present several challenges. Here are some common issues and considerations:

Complex Recruitment Requirements: The recruitment process is detailed and must be documented meticulously. Failure to adhere to these requirements can result in application denial.
Prevailing Wage Delays: Securing a prevailing wage determination can take time, so employers should plan accordingly to avoid delays.
Audit Risks: Applications may be randomly selected for audit, which extends processing times and requires additional documentation. Employers should maintain thorough records of the recruitment process to address potential audits promptly.
Impact of Backlogs: Processing times can vary significantly due to backlogs, impacting the overall timeline for obtaining labor certification.

Practical Tips and Recommendations

Successfully navigating the PERM process requires careful planning and adherence to regulatory requirements. Here are some practical tips:

Start Early: Given the complexity and potential delays, begin the PERM process as early as possible to accommodate any unexpected issues.
Document Everything: Keep detailed records of the recruitment process, including copies of advertisements, resumes received, and interview notes.
Consult with Experts: Consider working with an experienced immigration attorney to ensure compliance with all requirements and to address any legal complexities.
Stay Updated: Regularly check the DOL and USCIS websites for any updates on policy changes, processing times, and procedural requirements.

Next Steps: What Should You Do?

If you are an employer considering sponsoring a foreign worker through the PERM process, here are your next steps:

Evaluate Job Requirements: Ensure that the job description and requirements are clear and justifiable.
Request Prevailing Wage: Submit a request for a prevailing wage determination to the DOL.
Plan Recruitment: Develop a comprehensive recruitment strategy that meets all regulatory requirements.
File ETA Form 9089: Once recruitment is complete, file the labor certification application with the DOL.
Prepare for I-140 Filing: Upon approval, be ready to file Form I-140 with USCIS to continue the green card process.

Navigating the PERM process can be complex, but with careful planning and attention to detail, employers and foreign workers can successfully achieve labor certification. Staying informed and working with knowledgeable professionals can make the process more manageable and increase the chances of success.

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1ppusck/perm_august_2024_status/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

Schedule a consultation

This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

Schedule a consultation

What You Need to Know About the PERM Process for 2024