PERM labor certification

The purpose of PERM labor certification

PERM is a Department of Labor process used in many employer-sponsored permanent-residence cases. It addresses the labor-market requirements for the offered position. A certified application is not a green card and does not replace the immigrant petition or the final residence process.

Job requirements and recruitment

The employer should review the actual job duties, minimum requirements, work location and prevailing-wage process before beginning the relevant recruitment. Recruitment steps and timing have specific rules; using an advertisement or schedule from another case can miss important requirements.

Documentation should explain the recruitment and its results. The employer must retain the supporting records and be prepared to respond if the case is audited.

Special university recruitment

Qualifying college and university teaching positions may use a special procedure. Under that procedure, the application must be filed within 18 months of the relevant selection. It should not be described simply as recruitment occurring within a period before the appointment.

The immigrant petition and current status

Our practice can help coordinate the labor-certification strategy with the later immigrant petition and the employee’s immigration position. Any question about extending H-1B status beyond an ordinary limit requires a separate review of the applicable conditions. Do not assume that starting PERM automatically extends status.

General information only; it does not replace advice about an individual case.