PERM labor certification is often the first step in employer-sponsored green cards. The process is employer-driven, heavily regulated, and requires careful planning.
Key Takeaways
- Recruitment must follow strict DOL requirements
- The process tests the US labor market
- Timing and documentation are critical
- Audits can significantly extend timelines
The PERM Process Overview
PERM requires employers to demonstrate that no qualified, willing, and able US workers are available for the position. This involves structured recruitment and documentation.
Recruitment Requirements
- Job order with State Workforce Agency
- Two Sunday newspaper advertisements
- Additional recruitment steps for professional positions
- 30-day recruitment period
- 30-day cooling off period
Timeline Expectations
Without audit: 6-12 months. With audit: 12-24+ months. Supervised recruitment adds additional time.
Common Audit Triggers
- Layoffs in the occupation
- Unusual job requirements
- Foreign language requirements
- High rejection rates of US applicants
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