The Program Electronic Review Management, also known as PERM, is a program that has existed since 2005. This labor certification process became a solution for companies hiring foreign workers during economic downtimes. Businesses still apply for PERM certification, but it requires following strict guidelines including rules to be followed when posting PERM recruitment ads.
The Purpose of PERM Certification, and Some Rules
PERM certification is known as the first step toward obtaining a “green card.” However, it is not a program intended to take jobs away from United States citizens. In fact, the requirement is that permanent positions must be made available to U.S. citizens before hiring immigrant workers.
Many of the guidelines concerning the hire of foreign employees are set by 656.10(d)(1)(ii) of the Electronic Code of Federal Regulations:
- Recruitment ads must be placed for 10 days in a row and must be visible on bulletin boards, at job agencies, in newspapers, or even online.
- Ads announcing “help wanted” must be placed in Sunday newspapers.
- Ads recruiting U.S. workers must be published between 30-180 days before filing a PERM application.
- The open positions advertised by employers to foreigners must be a comparable salary and responsibilities as for U.S. workers.
Before posting RERM recruitment ads, a company usually has to confirm validity of advertised employment positions. Part of the employment recruitment verification process includes specifying how many hours per day, week, month or year the employee would be required to work. Information about the job title and explanation of the duties to be performed while working are additional details that must be made known before applying for a PERM certification.
As far as determining suitable wages, those are usually established by the National Prevailing Wage and Helpdesk Center. The U.S. Department of Labor and Bureau of Labor Statistics are other credible sources used by agencies, companies and individuals seeking more information about current job openings advertised.
Companies intended on hiring immigrant workers usually will not find out until at least several months after filing for PERM labor certification status. No guarantee of approval to hire foreign workers exists. However, the employers who thoroughly fill out all application fields are the ones with the highest approval rate. U.S. government agencies are now encouraging companies to submit labor certification applications online after having published their PERM recruitment ads.
