The U.S. Department of Labor has published a variety of PERM FAQs. Most persons who obtain permanent residence in the United States through employment must undergo the PERM (labor certification) process. Employers must submit PERM applications to the U.S. Department of Labor demonstrating that they have attempted to recruit U.S. workers for the job in question, but have been unsuccessful.
The first step in the labor certification process is for the employer to electronically request a prevailing wage determination (PWD) from the U.S. Department of Labor (DOL). The employer provides the DOL with job duties, requirements and location.
Then, the employer must conduct good faith recruitment to see if there are any qualified U.S. workers for the job. He must advertise the job in a newspaper of general circulation in the area of intended employment. The employer must also advertise the job with the state workforce agency and post a notice of the job opportunity at the work site.
Finally, if no qualified U.S. workers apply for the job, the employer must prepare and submit a PERM application, form ETA-9089, electronically to the DOL. Generally, the DOL takes several months to adjudicate the PERM application.
If and when the application is approved, the employer has 180 days to submit a form I-140 visa petition to the USCIS.
“I want to acknowledge the Law office of Carl Shusterman for their diligent and responsive attention to my case - from H1B to PERM to green card.”
- Ken Calvert, San Antonio, Texas
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Over the past 30 years, our US immigration law firm has been successful in obtaining the approval of thousands of PERM, or Department of Labor labor certification, applications for a wide-variety of professional, skilled and unskilled workers. We hope the information contained on this page helps you to better understand the PERM process.
This page is divided into the following subtopics:
- Success Stories
- General Information
- Foreign Labor Application Gateway
- PERM Specialization FAQs
- PERM FAQs
SUCCESS STORIES – PERM
- Overturning the Denial of a PERM Application (April 2014)
- Getting a PERM Denial Reversed (March 2010)
- Software Developer: “Our First PERM Approval” (September 2005)
GENERAL INFORMATION – PERM
- PERM – Permanent Labor Certification (USDOL)
- Permanent Online System Users Guide (USDOL)
- Online PERM Registration (USDOL)
- Guide to Using OFLC’s Search FAQs (USDOL)
- DOL Criteria on PERM Audit Review and Supervised Recruitment (3-19-13)
- DOL ETA/OFLC Atlanta National Processing Center Standard Operating Procedures (12-10-10)
- DOL Final Regulation re: Substitution of Labor Certificates (5-17-07)
- PERM Regulations – (12-27-04)
- Summary of PERM Regulations – (AILA)
FOREIGN LABOR APPLICATION GATEWAY
- iCERT Prevailing Wage Quick Start Guide
- iCert Portal User Guide
- Announcing the New iCERT Portal System for Temporary and Permanent Labor Certifications (4-15-09)
- Announcement of New iCERT Visa Portal System – Coming April 15, 2009
- iCert LCA Module External User Guide, Version 1.0 (April 2009)
PERM SPECIALIZATION FAQs
- DOL’s 13th FAQ – Preparation of Recruitment Report (10-07-16)
- DOL’s 12th FAQ (10-2-10)
- DOL’s 11th FAQ (8-03-10)
- DOL FAQ: Appeals (12-01-09)
- DOL FAQ: Change of Address and Update Legal Representation with Department of Labor (12-01-09)
- PERM Supervised Recruitment FAQs (1-20-09)
- DOL PERM Fraud FAQ – Round 1 (7-13-07)
- DOL PERM Fraud FAQ – Round 2
- DOL’s 10th PERM FAQ (5-09-07)
- DOL’s 9th PERM FAQ (11-29-06)
- DOL’s 8th PERM FAQ (3-20-06)
- DOL’s 7th PERM FAQ (2-21-06)
- DOL’s 6th PERM FAQ (2-14-06)
- DOL’s 5th PERM FAQ (8-08-05)
- DOL’s 4th PERM FAQ (6-01-05)
- DOL’s 3rd FAQ (5-04-05)
- DOL’s 2nd FAQ (4-07-05)
- DOL’s 1st FAQ (3-03-05)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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