OUR IMMIGRATION SERVICESPERM: Your path to successful immigration to the United States

Author: Attorney Vitaly Malyuk. License: MO No. 73573

OUR IMMIGRATION SERVICESPERM: Your path to successful immigration to the United States

Navigating PERM: A Path to Employment-Based Immigration

The labor certification process, commonly known as PERM, is a critical step for foreign nationals seeking permanent residence in the United States through employment. Administered by the U.S. Department of Labor (DOL) and detailed in Title 20 of the Code of Federal Regulations (CFR) Part 656, PERM ensures that the hiring of foreign workers does not adversely affect the U.S. labor market.

Employers must follow strict procedures, including job postings, recruitment efforts, and prevailing wage determinations, to meet compliance requirements. The PERM process is not only a legal necessity, but also a strategic opportunity to secure long-term international talent while maintaining protections for U.S. workers.

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Mastering the Challenges and Opportunities of PERM

Key Steps in the PERM Process

The PERM process consists of several critical phases that require accuracy and compliance:

Job Description and Requirements
Employers must carefully draft job descriptions that reflect the actual duties and qualifications needed for the role while avoiding overly restrictive requirements that could exclude U.S. workers.
Prevailing Wage Determination (PWD)
Employers must obtain an official prevailing wage determination from the DOL, ensuring the offered salary aligns with the industry standard for similar roles in the geographic area. Discrepancies can lead to delays or denials.
Recruitment Process
The employer must conduct extensive recruitment efforts, including job postings in newspapers, online platforms, and other designated mediums. Proper documentation of recruitment activities is essential to demonstrate compliance.
Filing the PERM Application
Once recruitment concludes, the PERM application (ETA Form 9089) is submitted to the DOL for approval. Any errors or missing details may result in an audit, adding complexity and time to the process.

Challenges and Solutions: How Arvian Law Firm Can Support Your Success

While the PERM process offers significant opportunities, it also presents challenges:

Documentation and Compliance Risks Failure to properly document recruitment efforts or comply with DOL regulations can result in application denials. Arvian Law Firm ensures that all documentation is meticulously prepared to meet compliance standards.
Prevailing Wage Issues Wage determination is a critical step where inaccuracies can cause major setbacks. Our attorneys assist in obtaining accurate wage determinations to comply with DOL requirements.
Audit Risks and Delays PERM applications may be subject to audits, requiring quick and accurate responses. Arvian Law Firm provides robust audit support, gathering additional documentation and responding to DOL inquiries within strict deadlines.

How we help: Arvian Law Firm simplifies the PERM process through expert advice, customized recruitment strategies, and comprehensive application support. We minimize risk, reduce delays, and help employers and foreign workers seamlessly achieve their goals.

By effectively managing challenges, we transform the PERM process into a strategic tool for securing permanent residency and strengthening your company’s global workforce.

Answers to FAQs

What is the purpose of the PERM process?

The PERM process ensures that the hiring of a foreign worker will not negatively impact the U.S. labor market by protecting the wages and job opportunities of U.S. workers.

How long does the PERM process take?

On average, the PERM process takes 8 to 12 months, depending on factors such as prevailing wage determinations, hiring timelines, and potential audits.

What is a Prevailing Wage Determination (PWD)?

The PWD is the wage that the Department of Labor determines to be fair compensation for the job based on the role, skills required, and geographic location.

What happens if the DOL audits my PERM petition?

In the event of an audit, additional documentation and proof of recruitment efforts will be required. Proper preparation can minimize delays or the risk of denial.

Can the PERM process be expedited?

No, the PERM process cannot be expedited or “premium processed”. However, thorough preparation will reduce the likelihood of delays.

What are the most common reasons for PERM application denials?

Applications are often denied due to inaccurate job descriptions, prevailing wage issues, incomplete recruitment efforts, or insufficient documentation.

How can Arvian Law Firm help with my PERM application?

Arvian Law Firm provides expert consultation, organizes necessary documentation, develops compliant recruitment strategies, and offers audit support to ensure a smooth and successful PERM process.