The full name of the commonly known PERM is Program Electronic Review Management Process. It is the abbreviation of the system that obtains the Labor Certificate from the Department of Labor’s (DOL). Next, let’s briefly introduce the application background and situation of PERM.
The Labor Certification is a permit issued by DOL that allows employers to employ foreign employees to work in the United States. Only employers submit the ETA Form 9089 to apply to the DOL, and foreign employees are not do it by themselves. Therefore, the support of employers is very critical in the process of applying for a labor certification. The purpose of the certification is to protect the rights and interests of American citizens and ensure that employers will not danger the employment market, not cause American citizens not to obtain employment opportunities, not affect the employment environment of related industries in the United States or the employment welfare of American people. Therefore, when applying for a labor certificate, the employers need to explain to the LOD that they cannot recruit qualified American citizens, and the relevant requirements for the positions are reasonable and fair, do not maliciously lower the salary, or raise the threshold of employment, while the foreign employees that are to be recruited meet the requirements for the relevant positions.
The above requirements are subject to the subjective review and judgment of the DOL’s officials. The professional lawyer teams will reasonably design the requirements and responsibilities of the declared posts according to the market situation and the background of the applicants, which can greatly improve the pass rate of the labor certification.
Obtaining the labor certification is a necessary preprocess for the occupational immigration visa. In addition to EB1，EB4，EB5 and EB2 that is applicable to NIW that can be exempted the application for the labor certification, other applicants for EB2 and EB3 occupational immigration must obtain the certification before they can apply for immigration to USCIS.
At the same time, it should notice that it is not necessary to submit relevant supporting materials when applying for initiating the PERM process for the first time, but the materials must be prepared in advance for submission at any time. If the LOD requires you to supplement materials, employers need to provide the LOD with the relevant documents and suggestions within 30 days after receiving the requirements. Failure to timely handle any link after the deadline may lead to the invalidation of the entire application process. Within 180 days after obtaining the certification, employers shall submit the immigration application to USCIS as soon as possible. If it expires, the employers shall re-apply to start the PERM process.
The application process of the certification is very complicated, highly professional and time sensitive. We suggest that you hire a professional immigration lawyer to provide you with the application service of PERM.
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