Any American employer must think hard before hiring a foreigner to join their ranks. Like most things that involve government, hiring a foreign national can only happen after the individual has followed a specific series of steps, as laid out by the Department of Labor. The most important one of these steps is to qualify for PERM, or Program Electronic Review Management System Labor Certification. It is of the utmost importance that every business goes through with each step of the PERM process (including advertising), otherwise there will be no possibility of attaining a green card for a foreign national.
Here are answers to some common questions raised about PERM:
What is the purpose of PERM? PERM was set up in 2005 to defend the US worker and their job market. The stated purpose is to ensure that foreign workers are not being hired to fill positions that qualified American’s are able to fill. It is an attempt to manage the globalized nature of employment that will only become more predominant as other countries develop their industrial and technological sectors.
Who applies for PERM? An individual who wants to accept a job offer in America. It is one part of the more extensive Green Card procedure that grants employment-based residency.
What are some of the requirements to apply for a PERM?:
Here is a rundown of the requirements to apply for the PERM Labor Certification:
- A job offer must be made from an existing US employer.
- The wages are higher than the Department of Labor standards
- The job market has been suitably analyzed and no other suitable candidates can be found. The potential employer must document their recruitment attempts and show it to the Department of Labor as evidence that no one is able to complete the requirements of the position.
What are the recruitment steps involved? There are clearly defined steps that an interested employer must complete to show they have attempted to recruit domestically. The first step is to place a job order with the State Workforce Agency for a minimum of 30 days. The second step is to put a job posting in 2 weekly newspapers or in one professional journal relevant to the industry. A third step must include attendance at a job fair, some form of on-campus recruitment, or something similar.
How much does it cost? The PERM application itself comes at no cost. However, costs will accrue for a green card application, of which the PERM is one component. A green card application fee is $580, which the interested employer must pay.
Is there legal advice available? Yes, there are legal advisors to help with a PERM application. The cost for an attorney fee is $3000.
