PERM Labor Certification


The PERM application is the first stage in a process that allows employers to petition for lawful permanent residency for employees.  The PERM application is an attestation based electronic filing system that involves a test of the labor market and certification to the U.S. Department of Labor (DOL) that there is a shortage of U.S. workers who are qualified and available for the position.


The PERM process requires that employers complete a number of steps prior to filing the PERM Labor Certification application. The first requirement is to apply for and obtain a Prevailing Wage Determination from the DOL. Thereafter, the employer must engage in good faith efforts to recruit for the position being offered to the foreign national in accordance with the PERM regulations. If applicants apply for the offered position the employer will need to ascertain whether the candidate meets the minimum requirements of the job, and, if not, to disqualify the individual based on lawful job-related reasons.