General Procedure for Filing PERM Labor Certification
This summary is to explain the process, the parties involved, and the average time required to complete the filing of the PERM labor certification for a professional position (i.e., a position which requires a bachelor's degree or above). SWA refers to State Workforce Agency. DOL refers to Department of Labor.
The following steps will take place, generally in chronological order:
- Employer and employee fill out the PERM questionnaire and send to Attorney.
- Attorney submits a prevailing wage request on behalf of Employer with the SWA. This wage determined by SWA must be used for the PERM application. (1-2 weeks)
- Attorney will arrange the advertising and recruitment process to prove that there is no qualified US worker available for the position offered to foreign employee. The following advertisements must be placed: (2-3 months)
(1) Place a job order with the SWA for a period of 30 days.
(2) Post two advertisements on two different Sundays in the general circulated newspaper, OR post one advertisement on the Sunday newspaper and one on a professional journal.
(3) Post notice of the job opportunity for 10 consecutive business days at Employer's worksite.
(4) Use other in-house media in accordance with normal procedures used for recruitment for similar position in the company (such as intranet).
(5) If Employer has had a layoff in the past six months, notify and consider those laid-off workers.
(6) In addition, Attorney will arrange three of the following recruitment steps on behalf of Employer:
- Job fairs
- Employer's web site
- Other job search website
- On-campus recruitment
- Trade or professional organization
- Private employment firm
- An employee referral program (if it includes identifiable incentives)
- Radio and television advertisement
- A notice of the job opening at a campus placement office
- Local and ethnic newspaper (if appropriate for the job opportunity)
- Employer, by its designated staff, screens and reviews candidate applications (if any).
- Employer conducts job interviews if the applicant meets the minimum job requirements.
- Employer makes determination of the applications and documents all steps of recruitments.
- If the above recruitment effort shows there is no qualified U.S. worker for the position, Attorney will prepare the petition form and draft a recruitment report on behalf of Employer (2-3 days).
- Attorney files the petition form with DOL.
- If DOL approves the petition, the DOL Certification will be issued within 60 days of filing.
- If DOL chooses to audit the petition, Attorney will prepare the necessary documents on behalf of Employer in response to the audit (10-30 days).
- DOL reviews Employer's response to the audit and makes final determination.