Labor Certification
20 CFR 656
PERM is abbreviated for “Program Electronic Review Management”. The PERM system is an attestation-based electronic filing system that was created to save time and increase US Department of Labor (DOL) in processing permanent labor certification application. This went into effect on March 28, 2005.
The PERM process is the first step in the journey of gaining lawful permanent residency in the US through one’s employment. To allow an employer to hire a foreign worker to permanently work in the US, an employer is required to file a permanent labor certification with the DOL by demonstrating that it has conducted a test of the US Labor Market and that there is a shortage of US workers who are willing and qualified to do the job offered.
After the employer demonstrates that it was unable to locate able, willing, qualified and available US workers and that the employment of the foreign national will not adversely affect the wage and working conditions of US workers, the employer can then offer the job to the foreign national. A Form ETA 9089 is filed with the DOL of the same. A certified PERM will then allow the employer to file the I-140 immigrant petition with the US Citizenship and Immigration Services on behalf of the foreign national.