PERM Labor Condition

So What is PERM?

On Mar 28, 2005 Department of Labor (“DOL”) initiated a new system for processing Labor Condition (“LC”) applications (for employment-based greencard) under the Program Electronic Review Management System (“PERM”).

PERM is the first step of the entire employment-based greencard process which also includes filing of the Greencard Petition (I-140), and later obtaining a greencard through either an Adjustment of Status (“AOS”) or Consulate Processing (“CP”).

What is the goal of PERM?

PERM’s goal is to “protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers”.

What standard is used in making Labor Certification determination, under the PERM System?

Three questions are used in making labor certification determinations under the PERM system:

  1. Are there sufficient United States workers who are able, willing, qualified and available?
  2. Will employment of the beneficiary or alien have an adverse effect on the wages and working conditions of United States workers similarly employed?
  3. Has the employer failed in meeting the procedural requirements of the PERM regulations?

If the Answer to all these 3 questions is a YES, Department of Labor would not approve a PERM Labor Condition.