Overview

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

PERM is the new labor certification program that replaces the Reduction in Recruitment (RIR) and the regular labor certification process. PERM is the abbreviation of "Program Electronic Review Management".

Qualifying criteria

• Applications filed on or after March 28, 2005, must file using the new PERM process and adhere to the new PERM Regulations;
• The employer must hire the foreign worker as a full-time employee.
• There must be a bona fide job opening available to U.S. workers.
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.