THE GREEN CARD PROCESS THROUGH PERM
(THREE-STEP PROCESS)
I.) FIRST STEP 6 to 7 months for PERM adjudication, not including prevailing wage determination (6 to 7 months) or mandatory recruitment process (2 months), 10 to 13 months for PERM adjudication if there is an audit
ALIEN LABOR CERTIFICATION APPLICATION
- Testing the U.S. labor market in the area of intended employment
- Program Electronic Review Management (PERM) (effective March 28, 2005) allows employers to submit an application for permanent employment certification directly with the U.S. Department of Labor (DOL), online or by mail, and receive an approval within 45 to 60 days if there is no DOL audit.
- While supporting documentation (e.g., evidence of recruitment, business necessity for special requirements) will not be submitted with the application, such documentation must be maintained for five years and supplied if requested by the certifying officer.
- DOL will conduct audits of certain PERM applications according to internal criteria designed to identify questionable applications, as well as at random.
- Under PERM, the employer must obtain a prevailing wage determination from the State Workforce Agency (SWA). Employers will be required to pay 100 percent, rather than 95 percent, of the prevailing wage. In addition, DOL will offer a four-level wage system in place of the current two-level system.
- As was the case with reduction in recruitment (RIR) applications, PERM requires an employer to recruit for the job BEFORE the application is filed.
The Road to The Green Card Through PERM continues here.
For further information, please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
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