When it comes to job law, certification that never expires is known as PERM. These steps are taken by some American businesses to hire foreign workers for long-term jobs, not just short-term projects.
The US Department of Labor (DOL) is in charge of this process and making sure that hiring someone from another country doesn’t hurt US workers.
You should check to see if there are any suitable US workers who can do the job before sending the PERM application to the Defense Department. To do this, you can put up a lot of job openings.
The Department of Labor will then look over the application and decide if the information given is enough to grant labor certification. While everything is still going well, the employer can apply for the foreign worker’s immigration visa.
The PERM Certification Process
1. Recruitment
First, they should let everyone in the community know about the job opening to see if anyone wants to apply. To do this, employees can recommend jobs, job placement services, print and online ads, and selling the business are all options.
2. Application
If the company can’t find a qualified US worker after the hiring process is over, they can send a PERM application to the US Department of Labor (DOL).
The app tells you everything you need to know about the job you’re applying for, as well as the company, the person you’re asking for, and other people they’ve hired in the past.
3. Audit
DOL could decide to inspect some applications, which means they will keep a close eye on both the application and the hiring process. The boss might have to give more papers and details as part of the process.
4. Decision
Once they’ve looked over your application, the Department of Labor will let you know if your staff is certified. If they say yes, you can start the process of getting your foreign hire an immigrant visa.
5. Appeal
Employers can ask the Board of Alien Labor Certification Appeals (BALCA) to review their decision if their application for certification is turned down.
It could take anywhere from six months to a year or more, based on how hard things are and how much work the DOL processing center has.
Keep in mind that this process might take a little longer in some situations and places.
Related: Who is Eligible for the PERM Process?
PERM Processing Time
How long does it take for the Department of Labor (DOL) to look over and accept an application for a PERM work permit? This is called “PERM processing time.” This time frame can change based on things like how complicated the case is and how busy the agency is.
From what I know, the current Perm processing time is generally taking between 6 and 12 months. But keep in mind that this is just a rough guess; the time it takes to finish each case may be different.
The DOL’s ICERT method can tell you how your application is going. The process might take a little longer if your case is chosen for audit.
The time it takes to process the application for a PERM work permit does not count toward the time it takes to get a visa.
Which Workers Are Eligible for a PERM Visa?
Certain requirements need to be met before a foreign worker may be considered for an immigrant visa known as an EB-2 or EB-3. The Permanent Labor Certification (PERM) visa is another name for these categories. The employee is required to:
- Have the appropriate credentials and work experience to carry out the duties of the position, as established by the Department of Labor (DOL) of the United States of America through the process of labour certification.
- You must be able to provide evidence that there are no qualified workers in the United States who are now available to fill the position.
- Not result in the loss of any jobs for citizens of the United States.
- It must not have a negative impact on the pay and working conditions of similarly employed workers in the United States.
- Ensure that you satisfy any additional requirements that the DOL may have stated for the particular occupation or sector.
It is essential to keep in mind that the EB-2 Visa category is reserved for employees who have earned a graduate degree or its equivalent, as well as for people who have demonstrated extraordinary skills in the fields of the arts, sciences, or business. While skilled workers, professionals, and other workers can apply for the EB-3 visa category.
How to Check Your PERM Case Status
Checking the status of your Permanent Labor Certification (PERM) case can be done in a few different methods, including the following:
- Online: The U.S. Department of Labor (DOL) has an online case status system called the iCERT Visa Portal System where you can check the status of your case. You will need to have your case number and PIN to access the system.
- Phone: You can also call the DOL’s National Processing Center (NPC) and ask for an update on your case. The NPC’s phone number is (404) 893-0101. You will need to provide your case number and employer identification number (EIN) when you call.
- Email: You can send an email to the DOL’s NPC at perm.status@dol.gov. Please include your case number, employer name, and EIN in your email.
- Fax: You can also fax your inquiry to the NPC at (404) 893-4642. Make sure to include your case number, employer name, and EIN in your fax.
It is essential to keep in mind that the Department of Labor’s processing time can vary, and it is recommended that you check the progress of your case on a frequent basis, but no more than once a week.
Related: What is the Timeline for the Perm Process?
What are the Possible Reasons for Denial
There are several different factors that can lead to an application for Permanent Labor Certification (PERM) being rejected by the United States Department of Labor (DOL). The following are some of the most frequently cited explanations:
- Inadequate recruitment: The employer did not conduct sufficient recruitment attempts to demonstrate that there were no eligible U.S. workers available for the job. Consequently, the court ruled that the company was not entitled to a dismissal of the case.
- Inadequate qualifications for the job: The applicant has listed qualifications for the position, but these qualifications either do not match the real needs of the job, or they are excessively limiting.
- Information that is either incorrect or missing: The application has information that is either erroneous or missing, such as salary data that is incorrect or documentation that is missing.
- Displacement of workers in the United States: If the foreign worker were to take the job, it would result in the displacement of workers in the United States.
- The hiring of a foreign worker would have a negative impact on the earnings and working conditions of similarly employed United States workers. This would be the case because foreign workers tend to be paid less than their American counterparts.
- Infractions of labour laws: The employer has committed infractions of labour laws or regulations, such as discriminating against workers in the United States.
- Fraudulent Activity: On the application, either the employer or the foreign worker has lied or made false statements, which is considered to be fraudulent activity.
It is essential to keep in mind that the DOL may also reject an application for additional reasons that are not included in this list. In the event that the application is rejected, the employer may have the option of appealing the decision with the Board of Alien Labor Certification Appeals (BALCA).
Related: What Are the Key Steps in the Perm Process?
What to do if your PERM Application is rejected
You have numerous options available to you if your application for Permanent Labor Certification (PERM) from the United States Department of Labor (DOL) is denied, including the following:
- Review the denial letter: Carefully review the denial letter to understand the reason(s) for the denial.
- Check for errors or inaccuracies: Make sure that the information provided on the application is accurate and that all required documentation has been submitted.
- File an Appeal: If the denial is based on a technicality or an error on the part of the DOL, you may be able to file an appeal with the Board of Alien Labor Certification Appeals (BALCA). The appeal process can take several months.
- Re-file the application: If the denial is based on a substantive issue, such as insufficient recruitment efforts or improper job qualifications, you can re-file the application after addressing the issue(s) identified by the DOL.
- Hire an attorney: If you are having difficulty understanding the reason for the denial or navigating the appeals process, consider hiring an immigration attorney to assist you.
It is essential to keep in mind that the DOL may reject an application for other reasons besides those discussed in this article. Because of the unique nature of each situation, it is strongly suggested that you seek the advice of an immigration lawyer who has prior experience working on PERM cases.
This will enable you to better comprehend your choices and move forward in the most effective manner.
Related: Can I Change Employers During the PERM Process?
Frequently Ask Question
What types of jobs are eligible for a PERM labor certification?
If a company can demonstrate that there are no competent United States workers available for the position, then that employer may apply for a PERM labour certification on behalf of their employee. This applies to the vast majority of professional and skilled employment.
What is the process for filing a PERM application?
The company must prove that no competent U.S. workers are available for the position by conducting a recruitment drive. After compiling the necessary recruitment paperwork, the company must submit a PERM application to the Department of Labor. The application will be reviewed by the DOL, which may follow up with questions or even an audit.
How long does the PERM application process take?
The amount of time it takes to process a PERM application can vary, but to the best of my knowledge, the typical amount of time it takes is between 6 to 12 months.
Can an applicant work while the PERM application is pending?
Unfortunately, the foreign worker will not be permitted to work while the PERM application is being processed.
What happens if the PERM application is approved?
If the petition for employment authorization through the federal register (PERM) is granted, the employer may submit an immigration petition (I-140) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. While the immigration petition is being processed, the foreign worker may be eligible to apply for a work permit.