DOL PERM

The Department of Labor (DOL) is responsible for reviewing and certifying PERM applications. PERM is a permanent labor certification that allows an employer to hire a foreign worker to work permanently in the United States. Before submitting an application for an employee, an employer must obtain approval from the Department of Labor's Employment and Training Administration. To qualify for a PERM certification, the job must meet several requirements. It must be a full time, permanent position, it must pay the prevailing wage for the occupation in the proposed area of employment, and it must be a bona fide job opening available to U.S. workers as well. In order to award approval, the DOL must find that there are no qualified U.S workers that are qualified, willing, and able to perform the job. This requirement is designed to protect workers that are already U.S. citizens. If the DOL PERM application is approved, the employer can proceed to filing an Immigrant Petition for an Alien Worker application with the USCIS. This is an employer sponsored petition, and needs to be filed by a U.S. based company, not an individual worker.

Fast Facts

  • PERM certification must be applied for by an employer, not an individual
  • Employers need to be able to prove that they have made good faith recruitment efforts for the position filled by the alien worker.

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