The PERM labor certification application is the first step in the green card process and is filed with the U.S. Department of Labor. The purpose is to see if a qualified and willing U.S. worker is interested in the applicant’s position. An employer can sponsor an employee or a prospective employee they would like to hire at a later date.

To test the labor market, the employer must advertise over a period of at least thirty days before filing the application. Recruitment must include two Sunday ads in the newspaper of highest circulation for that city; an internal posting; and a 30 day ad on the State’s online job bank. Employers are then allowed to choose three alternative forms of recruitment from a list of ten options: commonly used options include employee referral program; web based private classifieds; employer’s website and campus recruitment.

Employers must review all resumes from U.S. workers that are submitted during the recruitment period. Legitimate reasons to disqualify applicants include: he or she is not a U.S. worker; does not meet the minimum educational and experience requirements; cannot satisfactorily perform the job duties; is not interested in the position. If a person appears qualified on the face of the resume, the employer must timely contact the applicant for an interview and document the conversation.

If after resume review and a controlled vetting process, a qualified and willing applicant is not located during the advertising period (and a 30 day wait time), the PERM application is then filed with the Department of Labor.

Ms Troy updates herself on a weekly basis on new PERM developments, via memos, legal discussion boards and other documentation. Our office has already received numerous PERM approvals for this reason.

Importance of PERM Filing Date:

It is important to file the PERM application as soon as possible after entry to the U.S. The PERM filing puts an applicant in line for a green card filing date. Some applicants are able to file for a green card directly after the PERM application is approved but most applicants must wait for many years before filing.

Who Can Skip the PERM Labor Certification Application:

Foreign professionals who are in the EB-1 processing category do not need to test the labor market via the PERM application. Instead these applicants skip directly to the I-140 petition. These applicants include O-1 workers of extraordinary ability, O-1 outstanding researchers and scholars and L-1A multinational executives and managers. A small minority also qualifies for the exemption via the National Interest Waiver.

Other Important Considerations:

Other important points when considering the PERM application:

1. An Employer can sponsor a person even if he or she is not currently employed by the company
2. An Employer must pay 100% of the prevailing wage, as determined by the DOL
3. Advertising can be completed within 30 days but must satisfy all DOL requirements and categories
4. The PERM application places an applicant in line for a green card filing date, which determines how soon that person can apply for permanent residence in the U.S.

Applicants eligible for the National Interest Waiver or who fall into the EB-1 “worker of extraordinary ability, outstanding professor or researcher or multinational executives and managers category” are allowed to skip PERM, the first step of the process. All other applicants must obtain an approved PERM application in order to apply for a green card.

If an applicant is in H-1B status another important factor to consider is the seventh year H-1B extension. Normally a person can only retain this status for six years and then must leave the United States for at least one year. However, if a person files a PERM application before beginning the sixth year in H-1B status, he or she can request a seventh year extension of H-1B status. In most cases, the applicant is allowed to request yearly extensions until eligible to file for a green card.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.