Understanding the PERM Process and Labor Certification in Immigration Law


If you are a non-citizen working in the United States and want to become a permanent resident, you can begin the process by obtaining a permanent labor certification. The United States Department of Labor (DOL) distributes these certifications through the Program Electronic Review Management (PERM) process. This blog post will explain the PERM process for permanent labor certification.

The PERM process is complicated and can be intimidating, as is any procedure dealing with immigration law. If you need help with PERM or any other immigration court matter, we invite you to talk to a Nomos Law Group immigration lawyer. We are a law firm providing results-driven representation in immigration matters. Call us today for your FREE consultation at (833) 617-8654.

Immigration Lawyer Answers Questions About PERM Certification

What Is a PERM Certification?

The employer of a non-citizen worker can obtain a permanent labor certification for their worker through the PERM process. A PERM certification is a prerequisite for any non-citizen trying to obtain a green card or wanting to become a United States citizen.

In essence, a PERM certification indicates two things:

  1. The position the non-citizen worker fills cannot be filled by a United States worker in that geographic area.
  2. The worker is receiving appropriate compensation for their employment without affecting the environment or compensation of United States workers in the same position.

Can the United States Government Revoke Permanent Labor Certifications?

The DOL can revoke approved permanent labor certifications if it believes a certification should not have received approval or if new circumstances conflict with the original approval. This does not mean that you will immediately lose your certification.

The DOL must send the employer a Notice of Intent to Revoke and allow them 30 days to bring evidence proving the certification’s validity. You can also appeal within 30 days of receiving the decision to revoke.

If your employer has received a Notice of Intent to Revoke or if you are in the appeals process, be sure to seek legal advice from one of our experienced immigration lawyers at the Nomos Law Group law firm.

The PERM Process Breakdown

The PERM process has three main steps. An employer completes the first two before applying for permanent labor certification. Keep reading for a brief explanation of what each of these steps entails.

Prevailing Wage Determination (PWD) Request

The first step in the PERM process is the PWD request. The employer submits Form ETA-9141 to the DOL using an online form on the DOL FLAG website. It includes information specific to the worker’s position, such as:

  • Physical and educational requirements
  • A list of job responsibilities
  • The location of the job

The DOL analyzes the information provided on the request and sends a PWD to the employer, assigning a standard wage for the position. The purpose of the PWD, the minimum wage the employer must offer the foreign worker, is to ensure that immigrant workers are paid a fair wage under fair working conditions and that existing United States workers in similar jobs are not negatively affected.

Labor Market Test

The second step in the PERM process is the labor market test, wherein the employer must prove there are no United States workers available for or able and willing to do the job. To do so, the employer must create several job ads to recruit United States workers for the position:

  • an ad with the workforce agency of the state;
  • two newspaper ads on two separate Sundays;
  • three additional ads;
  • and an ad located at the site of the job.

The advertisements must run for 30 days and be less than 180 days old when the employer files the PERM application (step three). The employer must post and internal notice alerting their workforce that they are filing a labor certification for a foreign worker. If no United States workers can do the job at the same level as the non-citizen worker, the employer may continue with the PERM process.

PERM Application

Thirty days following the expiration of the last job ad, the employer may apply for a permanent labor certification. This form is also available online. It includes information detailing the labor market test and information about the worker, such as their education history, work experience, and birthplace.

After the DOL reviews the application, it will decide whether to approve it. Following approval, you can petition for an adjustment of status to change your immigration status to permanent resident.

Nomos Law Group: Your Boston “Immigration Lawyers Near Me”

If you or one of your family members has questions about the PERM process or the DOL revokes a certification, contact Nomos Law Group LLC, based in Boston, Massachusetts, without delay. An experienced immigration lawyer will provide you with dedicated and compassionate representation. Our law firm has the experience with the immigration process you need to move successfully through the PERM process.

Don’t hesitate to contact us regarding any other immigration matter you may face. We provide legal services for family-based immigration, asylum, visa applications, and any other matter relating to immigration. Call us today at (833) 617-8654. We speak English, Spanish, Portuguese, French, and Greek. We will help you find the solution to your immigration issue. When we say our clients come first, we mean it.

Copyright© 2022. Nomos Law Group LLC. All rights reserved.

The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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Boston, MA 02199
(833) 617-8654
https://nomoslawgroup.com/

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