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PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.
To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.
The employer must be prepared to hire the foreign worker on a full-time and permanent basis.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity.
The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
Form of Application
The U.S. employer requests a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).
This application describes the job duties, educational requirements, training, experience, and other special capabilities that the alien must possess to do the work, and a statement of the prospective alien’s qualifications.
Applications that are submitted by mail must contain the original signature of the employer, alien, and preparer (if applicable) when they are received by the processing center.
Applications filed electronically must, upon receipt of the permanent labor certification issued by ETA, be signed immediately by the employer, alien, and preparer (if applicable) in order to be valid.