The PERM Process
Seeking Permanent Residence through the PERM Process
HSPRD attorneys have extensive experience guiding employers and their employees through the complex three-step process of seeking lawful permanent residence in the United States through the PERM labor certification process. Under the PERM process, the U.S. Department of Labor (“DOL”) determines whether there is a shortage of United States workers who are qualified, willing, and able to perform the duties of the position for which the employer is seeking certification and whether the employment of the individual will have an adverse effect on the wages and working conditions of U.S. workers similarly employed. PERM requires employers to pay 100% of the prevailing wage or the actual wage paid to other similarly situated U.S. workers in the same job classification, whichever is higher. Employers must perform certain pre-filing recruitment activities prior to the filing of a PERM labor certification application. At a minimum, the employer must: (1) place two print advertisements on two different Sundays in an appropriate newspaper; (2) post a job opportunity notice for a least ten consecutive business days,
(3) place a job order with the State Workforce Agency for a period of 30 days; and (4) if the employer normally uses electronic or printed in-house media to recruit for similar positions, use of in-house media for the position is also required. If the offered position is a union position, then the bargaining representatives of the employees in the same occupational classification for which the application is being filed must be given notice. If there is no bargaining representative, an internal job posting must be made. In addition, positions that are listed as “professional” positions in the preamble to the PERM regulations must undergo additional recruitment steps as outlined in the DOL regulations. Due to the acknowledged shortage of physical therapists and nurses, the DOL has exempted those occupations from the PERM process. As a result, health care institutions can petition directly with the United States Citizenship and Immigration Services (“USCIS”) to qualify nurses and physical therapists for lawful permanent resident status.
If you would like to consult with an experienced HSPRD attorney about obtaining permanent residence status through the PERM process, please contact our Firm at (312) 239-7675 or firstname.lastname@example.org
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