An Intro to Program Electronic Review Management (PERM)
Program electronic review management (PERM) is the system used for Labor Certification and is the step for certain foreign nationals to get an employment-based immigrant visa (Green Card). This is also known as Labor Certification.
If a petitioner wants to get a green card, they should follow the PERM process.
Before filing for an immigration petition for a foreign worker with USCIS, they must obtain an approved Labor Certification from the Department of Labor (DOL).
An application is submitted to DOL by using ETA form 9089.
The DOL must certify to the USCIS that there are not enough U.S. workers who are willing, qualified, and available and to accept the job offered the person at the prevailing wage for that occupation in that area of employment and that the employment of foreign worker will not affect the wages and working condition of similarly the U.S. employed workers.
In brief, the PERM process requires the petitioning employer to conduct a series of recruitment activities to test the labor market before applying.
Under perm regulations, employers have the option to submit their Labor Certification application electronically or by mail, directly to the DOL for submission.
No documents are required at the time of filing; however, the petitioning employer must conduct all the activities and have all the supporting documents ready before filing.
Recruitment documents (such as website printouts, newspaper tear sheets, job orders, etc.) should be saved for 5 years by the petitioner to be ready for compliance with a potential auditor review.
According to DOL, an electronically filed PERM Labor Certification was originally expected to be adjudicated in around 45 to 60 days unless the case was audited. The current time for processing unaudited PERM applications is closer to 90 days.
If the application is selected by DOL for auditing, the petitioning employer should submit the requested documents to the DOL within 30 days.
If the employer doesn’t reply to the audit request, the case is deemed abandoned and the employer may be required to conduct supervised recruitment for any future Labor Certification.
After Labor certification is approved by DOL, the immigration petition must be filed with the USCIS before the expiration date of Labor Certification.
The certification date has a validity period of 180 days and expires if not submitted to USIS within this period.
The Labor Certification is waived for National Interest Waiver (NIW) petition under EB-2 and is not required by EB-1, EB-4, or EB-5 petitions.
- EB-2: This is for those members holding advanced degrees for a person with extraordinary abilities in science and arts.
- EB-3: This category is reserved for skilled workers and professionals.
EB stands for extraordinary ability.
The thing is that to qualify for extraordinary criteria you must be fitting into that category.
To qualify for the extraordinary ability, you must have theoretical and practical application and highly specific knowledge.
Should have a bachelor’s degree in the specific specialty (or its equivalent) a condition for entering the U.S.
Keeping this in mind and USCIS strict norms majority of the petitions get turned down and result in RFE’s and in that case of our Expert opinion letter will come in handy.
Expert opinion letter
This is a letter from an industry level professional association stating that they have a bachelor’s degree or higher in a specific specialty, a requirement for entry into the field
- Academic (work-related documents) in English and notarized, we have the best translators.
- Detailed resume specifying jobs held, name of companies, job duties
- Supporting letters from previous employers specifying periods of employment, job duties, job duties.
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