What Is PERM Labor Certification?

Many workers and employers hear the term “PERM” during conversations about employment-based green cards, but few fully understand what the process actually means.

Some people assume PERM is:

• only for executives,

• only for wealthy professionals,

• or only for people with advanced degrees.

That is not always true.

Depending on the position and the case, PERM Labor Certification may apply to:

• professionals,

• skilled workers,

• restaurant employees,

• chefs,

• hospitality workers,

• construction workers,

• healthcare workers,

• and many other occupations.

In this article, we explain what PERM Labor Certification is, how the process generally works, and why it is one of the most important employment-based immigration pathways in the United States.

What Is PERM Labor Certification?

PERM Labor Certification is a process handled by the U.S. Department of Labor (DOL).

For many employment-based green card cases, PERM is the first major step before a worker may apply for permanent residence through employment sponsorship.

The purpose of PERM is generally to confirm that:

• there are not sufficient qualified U.S. workers available for the offered position,

• and that hiring the foreign worker will not negatively affect wages or working conditions of U.S. workers.

The PERM process is employer-driven, meaning:

• the employer starts the process,

• not the employee.

What Does DOL Mean in Immigration?

DOL stands for the U.S. Department of Labor.

The Department of Labor plays a major role in PERM Labor Certification cases.

The DOL generally oversees:

• prevailing wage determinations,

• PERM recruitment requirements,

• labor certification filings,

• and compliance with labor regulations.

Many people confuse:

• USCIS

  with

• DOL.

However, they are different agencies with different responsibilities during employment-based immigration cases.

PERM Is Often the First Step Toward a Green Card

For many workers, PERM is connected to employment-based immigrant categories such as:

• EB-2,

• EB-3 Skilled Workers,

• and EB-3 Other Workers.

After PERM approval, some workers may continue with:

• Form I-140,

• adjustment of status,

• or consular processing, depending on the case.

Each process can vary significantly based on:

• immigration history,

• country of birth,

• visa availability,

• and eligibility requirements.

PERM Is Not Only for Executives or “Corporate” Jobs

One of the biggest misconceptions about PERM is that it only applies to:

• wealthy individuals,

• executives,

• or people in high-level corporate positions.

That is not always accurate.

Depending on the case, PERM sponsorship may involve workers in industries such as:

• hospitality,

• restaurants,

• construction,

• healthcare,

• transportation,

• logistics,

• manufacturing,

• and many others.

Some PERM cases involve:

• chefs,

• bakers,

• cooks,

• technicians,

• caregivers,

• mechanics,

• line cooks,

• nail technicians

• warehouse workers,

• and skilled trades.

Many people are surprised to learn they may potentially qualify for employment-based sponsorship.

What Is the Difference Between EB-2 and EB-3?

Many PERM cases fall under:

• EB-2

  or

• EB-3.

EB-2

Typically involves positions requiring:

• advanced degrees,

• or exceptional ability.

EB-3

May involve:

• professionals,

• skilled workers,

• or other workers.

The requirements depend heavily on:

• the job position,

• minimum education requirements,

• experience requirements,

• and the employer’s needs.

What Is the Difference Between Skilled Workers and Other Workers?

Under EB-3, there are different classifications.

Skilled Workers

Generally involve positions requiring:

• at least 2 years of training, education, or experience.

Other Workers

Generally involve positions requiring:

• less than 2 years of training or experience.

Many people incorrectly assume “other workers” means low-value work.

That is not true.

Many essential industries rely heavily on workers who may potentially fall into these categories.

What Is Prevailing Wage?

Prevailing wage is one of the most important parts of the PERM process.

Before filing PERM, employers generally must obtain a prevailing wage determination from the Department of Labor.

The prevailing wage is meant to reflect:

• the typical wage paid for similar positions

• in a specific geographic area.

Factors that may influence prevailing wage include:

• job duties,

• location,

• experience requirements,

• and education requirements.

How Does the PERM Process Generally Work?

Although every case is different, many PERM cases may involve steps such as:

1. Prevailing Wage Determination

The employer requests a prevailing wage from DOL.

2. Recruitment Process

The employer conducts recruitment efforts to test the U.S. labor market.

This may include:

• advertisements,

• job postings,

• newspaper ads,

• and additional recruitment steps depending on the position.

3. PERM Filing

If recruitment requirements are satisfied, the employer may file the PERM application with DOL.

4. I-140 Petition

After PERM approval, some employers may proceed with Form I-140.

5. Green Card Process

Depending on the worker’s situation, the next steps may involve:

• adjustment of status inside the U.S.,

  or

• consular processing abroad.

What Is Consular Processing?

Some workers complete the immigrant visa process outside the United States through consular processing.

This generally involves:

• visa processing through a U.S. consulate or embassy abroad.

Whether a case proceeds through:

• adjustment of status

  or

• consular processing

depends entirely on the immigration situation and eligibility of the worker.

PERM Cases Can Be Complex

Many PERM cases involve highly technical legal and procedural requirements.

Potential issues can include:

• recruitment compliance,

• wage issues,

• audits,

• job requirement analysis,

• immigration eligibility,

• and documentation strategy.

That is one reason employers often seek experienced immigration counsel for PERM matters.

Why Experience Matters in PERM Cases

Employment-based immigration cases can significantly affect:

• businesses,

• employees,

• staffing operations,

• and long-term immigration strategy.

At Canero Fadul Reis Law, our team assists employers and workers with:

• PERM Labor Certification,

• EB-2 cases,

• EB-3 Skilled Workers,

• EB-3 Other Workers,

• prevailing wage strategy,

• consular processing,

• adjustment of status,

• and complex employment-based immigration matters.

CFR Law is proud of its strong track record in PERM matters, including a 99.5% approval rate in Labor Certification cases.

Common Misconceptions About PERM

“PERM is only for rich people.”

Not necessarily.

“PERM is only for corporate executives.”

Not always.

“Only highly educated workers qualify.”

Some PERM categories may involve workers in many different industries and experience levels.

“My employer is too small.”

Some small businesses may also explore PERM sponsorship depending on the case.

Frequently Asked Questions

What does PERM stand for?

PERM refers to the labor certification process handled by the U.S. Department of Labor.

Is PERM the same as a green card?

No. PERM is often one step within certain employment-based green card processes.

Who files the PERM application?

The employer generally files the PERM case.

What is prevailing wage?

It is the wage determination issued by the Department of Labor for the offered position.

Can small businesses sponsor workers through PERM?

Depending on the case, some small businesses may explore PERM sponsorship.

Need Help Understanding PERM Labor Certification?

If you are an employer or worker exploring employment-based immigration options, understanding the PERM process is extremely important.

Schedule a consultation with Canero Fadul Reis Law to discuss possible employment-based immigration strategies and PERM Labor Certification options.