PERM is the new system for obtaining approval of the department of labor. We have been doing labor certifications for over twenty years and this is probably the most consumer friendly change we have seen. Under the old system labor certifications usually took two and half years, sometimes longer. Under PERM the process will be shortened to roughly 60 days.

How does PERM work? Here are our ten step approach:
  1. The first step is to apply for a prevailing wage request. We submit an application to the appropriate state workforce agency to determine the prevailing wage which is the minimum wage that must be paid. The prevailing wage depends of the type of job and the level of experience. Each state has its own agency. In California it is the EDD, in New York the NYS Dept of Labor, in Hawaii the Research and Statistics Office, in Nevada the Dept of Employment, Training and Rehabilitation, etc.
  2. The second step is to determine if the job is a professional job or non-professional job. The Department of Labor has different levels of advertising depending on whether or not the job is considered to be professional. Professional jobs require more advertising. The attorney has to figure this out on a case by case basis. If the Department of Labor or the Immigration disagrees with the assessment the case could be denied.
    In general, if a college degree is required for the job then the case is professional. Certain cases are easy to determine.The Department of Labor has published a list of jobs that are professional. However some jobs have not been assigned a specific "job zone" or we may disagree with the job zone. Also just because the immigration has determined a job is not professional in the H-1 context does not mean it is not professional in the PERM context.
  3. The third step is to determine if there are any job requirements that require additional documentation. For example if the job requires knowledge of foreign language you normally must document your file to show the business necessity for the language. The immigration wants to see a lot of documentation.
  4. The fourth step is to make sure the employee has the documents necessary to prove he qualifies for the job. This may sound simple but the Immigration has burdensome rules for employment verification.
  5. The fifth step is to make sure the employer has documentation to prove the ability to pay the wage. This is probably the most common reason for denial after the case reaches the Immigration.
  6. The sixth step is to advertise. Non-professional jobs can be advertised in the state workforce website for thirty days plus two Sunday ads. Professional jobs require that advertising plus three additional forms of advertising.
  7. The seventh step is to post the job opening at the employer's place of business for at least ten working days or give notice to the union official if there is a union.
  8. The eight step is for the employer to review any resumes and interview applicants. The employer must keep a written record of how many people applied and the reasons for rejecting the applicants.
  9. The ninth step is to apply. At the time you apply the advertising must have been done within the preceding 180 days. Only one form of the three additional ads for professionals may be done within 30 days of applying. The application is submitted on the internet.
  10. The tenth step is to print out the approval, have it signed by the employer, and file it. Of course we can not cover every detailin this web site. But the above is general guide to the procedure.