PERM (Labor Certification)

Certain categories for Green Cards (Permanent Residency), such as those in the EB-3 classification may be required to process through Department of Labor’s (DOL) Labor Certification process. The labor Certification process in these cases is a prerequisite to filing with the Immigration Department. In other words, the approved Labor Certification is required before the case can be filed with USCIS.

The Labor certification is a tool the DOL uses to require employer’s to test the job market and in doing so satisfying the DOL’s requirement that the offered job to the foreign national is not interfering in a detrimental way with the U.S job market. On March 28, 2005, the DOL announced that all further Labor Certification applications must be conducted under their new process known as PERM.

PERM allows employers to file labor certifications online. The employers will not need to submit supporting documentation with the cases and will instead retain the documents for inspection in case of an audit.


Can cases be converted to PERM?

Yes, pending cases can be converted to PERM, however they will have to meet certain requirements. If not the case will be considered new. A new case can still be filed under PERM but will have a new priority date.


Is recruitment the same as it was under previous methods such as RIR?

No. PERM has brought with it new requirements for recruitment. These requirements include a required advertisement in two Sunday edition major newspapers.


How will cases be submitted?

Either by mail or online.


How much faster will Perm be compared to current processing?

Under current traditional Labor Certification processing the process can take 5 years or longer. Under RIR processing the Certification will take 2 to 3 years in California and most large cities. In smaller States RIR is taking one year.

The PERM process will take 8 months currently and in many cases faster.

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