PERM

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CLOUDFEN - PERM

The PERM (Program Electronic Review Management) process is a detailed and specific procedure for obtaining labor certification, which is the first step for many employment-based green card applications in the United States. This process is administered by the U.S. Department of Labor (DOL). Here's a detailed look at each

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Prevailing Wage Determination (PWD):

Objective: The purpose of the PWD is to ensure that the wages offered to foreign workers are consistent with the average wage paid to similarly employed workers in the specific geographic area of employment.

    Process: The employer submits a request to the DOL using the Online Wage Library or through Form ETA-9141. The form requires information about the job, including its responsibilities, requirements, and location. Outcome: The DOL issues a PWD which sets the minimum wage that the employer must pay the foreign worker.

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Job Order and Recruitment: Job Order: The employer must place a job order with the State Workforce Agency (SWA) in the state of intended employment. This job order typically runs for 30 days.

Recruitment Efforts: The employer is required to undertake additional recruitment efforts, including placing job advertisements in newspapers, using job search websites, and, if applicable, through professional journals. The aim is to test the labor market to ensure there are no qualified U.S. workers available for the position..

Documentation: The employer must carefully document all recruitment efforts and the results, including the reasons for rejecting U.S. applicants, if any. Filing ETA Form 9089:

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Application for Permanent Employment Certification: Upon completion of the recruitment process, the employer files ETA Form 9089 electronically with the DOL. Content: The form includes details about the job (such as duties, requirements, and location), information about the employer, and the results of the recruitment process. No Layoff Provision: In certain circumstances, the employer must also attest that they have not laid off, and will not lay off, any U.S. worker in a similar position within the period of 180 days before and after filing the PERM application.

DOL Review:

Audit: The DOL may select an application for an audit to ensure compliance with all PERM requirements. If audited, the employer must provide additional documentation, such as recruitment reports, proof of business necessity for the job requirements, and more. Processing Time: The time it takes the DOL to process an application can vary greatly. If the application is selected for an audit, the processing time will be longer.