Many types of work visas and employment-based green cards require a detailed process to be completed before they may be obtained. While extensive, these procedures exist to make sure that United States employers are not overlooking qualified U.S. workers for both professional and nonprofessional jobs.
While somewhat extensive, the PERM ad requirement process is an important part of checks and balances that must be conducted by the United States government to make sure businesses are not overlooking qualified potential employees already in the United States.
(PERM stands for Program Electronic Review Management. It was created by the Department of Labor to protect U.S. workers by verifying that foreign nationals will not displace eligible U.S. workers.)
Petitioning employers must be able to show that all necessary documentation has been completed before moving on to the application stage. Any employers who have not completed the PERM process in a satisfactory manner may be subject to audits by the Department of Labor (DOL). If the DOL suspects that the advertising process was not completed in a satisfactory manner, you may be subject to a targeted audit, which can seriously delay the processing time of your employee’s work visa or green card. While some audits are random and therefore unavoidable, following the PERM advertising process carefully can help reduce the chances of a DOL audit.