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PERM
Practical Law Glossary Item 2-507-4706 (Approx. 3 pages)
Glossary
PERM
The processing method for labor certification, the first step in many employment-based immigrant visa categories (see Key Immigrant Visa Classifications Chart). It is named after the computer system used to review labor certification applications: the Program Electronic Review Management system. PERM labor certification requires the Department of Labor's (DOL) Office of Foreign Labor Certification to certify that:
- US workers are not available to fill a job opportunity offered to a foreign worker.
- The employment of the foreign worker will not affect wages and working conditions of US workers.
To show the DOL that US workers are unavailable, employers must conduct a recruitment campaign in the geographical area where the job opportunity is located before filing the PERM application. The PERM application contains affirmative representations by the employer about:
- The job opportunity, including:
- wages; and
- working conditions.
- The foreign worker's qualifications for the job opportunity.
The PERM application is electronically filed with the DOL on Form 9089. Documents about the recruitment campaign are maintained by the employer in an audit compliance file, and must be submitted to the DOL, if requested.
The PERM application must be certified before the employer sponsors a foreign worker for a green card in the job opportunity.