What does P E R M stand for?
It stands for the Program Electronic Review Management regulation which implemented on March 28, 2005 to replace the previous labor certification application either under traditional or Reduction in Recruitment process.
How PERM works?
The PERM procedures have been designed to expedite the Labor Certification process. It eliminated the two methods of processing Regular and RIR (Reduction in Recruitment). The PERM system is designed to scan forms filed by employers regarding their compliance with all regulatory requirements.
What applications are covered under PERM?
The PERM regulation came into effect from March 28, 2005 and is applicable only to applications filed on or after that date. Applications filed under the regulation in effect prior to March 28, 2005, will continue to be processed at the appropriate Backlog Elimination Center under the rule in effect at the time of filing. As of March 28, 2005, applications (Form 750) are no longer accepted under the previous regulations. The new applications (ETA Form 9089) are needed to be filed under PERM at the appropriate National Processing Center. Only if an employer chooses to withdraw an earlier application and re-file the application for the identical job opportunity under the re-file provisions of PERM will a previously filed application be processed under the PERM regulation.
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Filing of the application
The employer must complete an Application for Permanent Employment Certification (ETA Form 9089). The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant's qualifications. Applications submitted by mail must contain original signatures. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.
Prevailing wage determination
Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment.
Recruitment steps to be completed before filing
A number of conditions of employment must be meet:
- Employers are required to attest, to having conducted recruitment prior to filing the application. The employer must recruit under the standards for professional occupations set forth in the regulations if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation, for which a bachelor's or higher degree is a customary requirement. All other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations.
- The employer must categorize the lawful job-related reasons for rejection of U.S. applicants and provide the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity.
Filing an application online
The employer has the option of filing an application electronically (using web-based forms and instructions) or by mail. However, the Department of Labor recommends that employers file electronically. Not only is electronic filing, faster, the application cannot be submitted until all the required fields are fully completed.
PERM is designed to streamline the labor certification process and reduce processing times. DOL anticipates adjudication of most cases filed under PERM within 45 to 60 days, unless there is a DOL audit and the employer is required to submit additional information, or certain cases may be subjected to supervised recruitment. Thus, it is important that all the statutory guidelines are complied with before filing an application under PERM.
AT POLLACK, POLLACK, ISAAC, & DECICCO, LLP, our experienced attorneys together with our efficient support staff will assist employers through the PERM process, ensuring the proper and timely completion of all required steps, avoiding costly mistakes. Our clients also have the convenience of tracking the status of their case online through our state of the art software and advanced technology.
Permanent Labor Certification-Official Government Website |
