Many employers seeking to sponsor an employee for an employment-based permanent residency card must navigate the U.S. Department of Labor’s PERM (Program Electronic Review Management) process. PERM is a comprehensive, multi-step evaluation of the U.S. labor market designed to ensure that offering permanent employment to a foreign national will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. Key stages in this process include obtaining a Prevailing Wage Determination from the U.S. Department of Labor and conducting thorough job recruitment efforts before submitting the final PERM application.
However, PERM is just the first step in the journey toward employment-based permanent residency. After completing the PERM process, the employer must file Form I-140, Immigration Petition for Alien Worker. Once a visa becomes available in the applicable category, the employee can then proceed to adjust their status, either within the U.S. or through consular processing abroad.
The intricate, multi-step PERM process can be daunting, particularly for employers who are unfamiliar with it. The process begins with obtaining a Prevailing Wage Determination, which requires a nuanced understanding of job descriptions and the appropriate wage levels. Delgado Rompf Bruen has extensive experience assisting employers in determining the correct occupational category and wage level for filing the Prevailing Wage Determination request.
Following the Prevailing Wage Determination, employers must engage in a rigorous recruitment process. This process involves advertising the position through multiple channels, both standardized and market-specific. The recruitment phase includes six distinct advertising methods, all of which must be executed within a precise timeline. Delgado Rompf Bruen offers comprehensive support during this critical stage by helping draft advertisements that meet U.S. Department of Labor standards, coordinating the posting of these ads, and ensuring that all timelines are meticulously followed.
The most critical information for the PERM process includes a detailed job title and a comprehensive description of the employee’s duties. This information is vital for accurately identifying the job category under which the application will be filed, which in turn determines the minimum salary and the recruitment methods that will be necessary.
To begin the PERM process, you can access our comprehensive PERM questionnaire.
If you would like to sponsor a foreign national for permanent employment, Delgado Rompf Bruen is available to discuss the PERM process. You can learn more about scheduling a consultation here.