If you are an immigrant situated in California for employment purposes, you need formal approval from the United States Citizenship and Immigration Services (USCIS). This requires the PERM process to certify your employment as a foreign national. This is how it works.
Understanding the PERM process
The Program Electronic Review Management (PERM) process begins when a United States-based employer creates a job with specific duties in a specific location. The job description explains any minimum requirements and where resumes should be sent.
Once applications begin coming in, the employer reviews the applicants’ credentials and letters verifying their work experience to determine that they at least have the minimum requirements for the job. After finding foreign nationals who fit the criteria for the job, which only occurs if no American citizens or permanent residents are willing to apply, those applicants can be hired through the PERM process.
Any prospective new employees must be recruited through PERM applications, which are filed with the Department of Labor (DOL). The DOL can request further information from the employer if necessary.
PERM processing
Once the DOL has PERM applications, it will conduct an audit review. This process can take over 209 days before it’s complete. When determining a fair wage for foreign nationals being considered for jobs with U.S. employers, it can take up to 180 days or even an additional 120 if additional audits are needed.
Employers are required to advertise their available jobs for immigrants for 30 to 60 days during recruitment. This can be done in various ways such as on job boards, in newspapers or even in colleges and universities. Interviews with applicants should follow.
PERM labor certification can help foreign nationals get jobs and eventually, green cards.
Immigrants seeking jobs through PERM can check their status by periodically checking the DOL’s website.The post What is PERM labor certification? first appeared on David Hirson & Partners, LLP.