Permanent Labor Certification (PERM) is the required first step for most employment-based green card applications in the United States. Employers must prove no qualified U.S. worker is available for the job. The Department of Labor (DOL) administers this process through its Office of Foreign Labor Certification (OFLC).
What does PERM stand for?
PERM stands for Program Electronic Review Management. The DOL implemented this system on March 28, 2005. It replaced earlier, slower labor certification processes.
Why is PERM required?
The law protects U.S. workers first. Before a foreign worker can receive a permanent employment-based visa, the employer must demonstrate no qualified American worker is willing, able, and available to fill the role. This requirement comes directly from the Immigration and Nationality Act (INA).
Who oversees PERMANENT Labor Certification Advertising
The DOL’s Employment and Training Administration (ETA) oversees PERM. Specifically, the Office of Foreign Labor Certification (OFLC) processes all applications. The Certifying Officer (CO) within OFLC makes the final determination on each case.
What happens after PERM approval?
After PERM approval, whenever the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS. For this reason, the I-140 establishes the foreign worker’s eligibility for permanent residency. Without an approved PERM, the I-140 petition cannot proceed in most employment-based categories.
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Understanding the DOL’s Role in Permanent Labor Certification (PERM)
The DOL is the gatekeeper for every stage of the PERM process. Its decisions directly affect how quickly a green card sponsorship moves forward. Understanding what the DOL does at each phase is essential.
What does the DOL certify in a PERM application?
The DOL must certify two things. First, there are not sufficient U.S. workers able, willing, qualified, and available to accept the job in the area of intended employment. Second, employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What is the OFLC?
The Office of Foreign Labor Certification (OFLC) is the agency within the DOL that includes all labor certification programs. It processes PERM, H-1B, H-2A, H-2B, and prevailing wage determinations. OFLC uses the Foreign Labor Application Gateway (FLAG) system for electronic filings.
What is the FLAG system?
The FLAG system is the DOL’s comprehensive digital portal. Employers use it to file PERM applications, prevailing wage requests, and other labor certification documents. Electronic filing through FLAG is strongly encouraged and, for most PERM cases, now required.
What enforcement powers does the DOL have?
The DOL investigates complaints from U.S. workers, job applicants, or whistleblowers. It imposes penalties for violations such as misrepresentation, discrimination, or failure to pay the prevailing wage. It can also refer cases to the Department of Justice or other agencies for prosecution.
Employer Eligibility Requirements for PERM
Not every employer can file a PERM application. The DOL sets clear eligibility standards. Employers must meet all of these before filing.
What are the basic employer eligibility requirements?
Employers must qualify as a U.S. employer with a valid Federal Employment Identification Number (FEIN). They must also have a physical location within the United States. Only legitimate employers with actual job openings may file.
What type of job must be offered?
For this purpose, the position must be a full-time, permanent job. Part-time positions do not qualify. The job must be located in the United States. Jobs performed entirely outside the U.S. cannot be the subject of a PERM application.
Must the job offer be bona fide?
Yes. The position must be a genuine job offer open to U.S. workers. The employer cannot tailor job requirements to fit only the foreign worker’s qualifications. The job must reflect the employer’s actual minimum requirements for the position.
Can the foreign worker already be employed by the sponsoring employer?
Yes. The PERM process can be completed for persons already working for the employer. It can also be completed for persons not yet employed. The job offer is typically for future permanent employment.
Who pays for the PERM process?
The employer pays all costs. Since July 16, 2007, employers must pay all costs associated with preparing, filing, and obtaining a labor certification. This includes recruitment costs and attorney fees. Employers may not transfer these costs to the foreign worker.