Legal Definitions - PERM

The Permanent Labor Certification Program (PERM) is a critical process that U.S. employers must complete when they wish to sponsor a foreign national for a permanent job in the United States. Before an employer can seek certain types of employment-based green cards for a non-U.S. citizen, they must first demonstrate to the U.S. Department of Labor (DOL) that there are no qualified U.S. workers available, willing, and able to perform the job. This program is designed to protect the U.S. labor market by ensuring that hiring foreign workers does not negatively impact the job opportunities, wages, or working conditions of U.S. workers.

To fulfill the PERM requirements, an employer must undertake several steps:

• First, they must define the job duties and requirements accurately and genuinely reflect the actual needs of the position.
• Next, they must obtain a "prevailing wage" determination from the DOL. This ensures that the salary offered to the foreign worker meets or exceeds the average wage for similar positions in that specific geographic area, preventing employers from underpaying foreign workers compared to U.S. workers.
• The employer must then conduct a rigorous recruitment process, advertising the job publicly for a specified period (typically 30 days) through various channels, such as job boards, professional journals, and local newspapers.
• Finally, the employer must review all applications from U.S. workers. Only if no qualified U.S. applicants are found for the position, after a good faith effort, can the employer then file the PERM application for the foreign national.

The DOL closely monitors this process, and applications can be audited or denied if there is any suspicion of misrepresentation or failure to adhere to the regulations.

Examples of PERM in Action:

• Scenario: Specialized Tech Role

  A cutting-edge artificial intelligence startup in California needs a lead machine learning engineer with highly specialized expertise in a newly developed neural network architecture. After advertising the position extensively on national job boards, professional networking sites, and in industry publications for over a month, they receive numerous applications. However, none of the U.S. applicants possess the specific, advanced experience required for this niche technology. The company then initiates the PERM process to sponsor a foreign expert who has a proven track record with this particular architecture, demonstrating to the DOL that no qualified U.S. worker was available for this unique role.

• Scenario: Rural Healthcare Need

  A community hospital located in a remote area of Montana struggles to recruit a qualified pediatric physical therapist. Despite offering a competitive salary and benefits, and advertising the position in state and national healthcare journals, online job boards, and local newspapers for several months, they receive no applications from U.S. citizens or permanent residents who meet the licensing and experience requirements and are willing to relocate to the rural location. To address the critical shortage of pediatric therapy services in their community, the hospital decides to pursue a PERM application to sponsor a foreign-trained physical therapist who meets all the qualifications and is willing to serve the rural population.

• Scenario: Manufacturing Leadership

  A large automotive parts manufacturer based in Michigan seeks a Vice President of Global Supply Chain Operations. This role requires extensive international experience in managing complex, multi-continent supply chains, deep knowledge of specific regulatory frameworks in key overseas markets, and a proven track record of optimizing logistics across diverse geopolitical landscapes. After a six-month global search conducted by an executive recruitment firm, and advertising in prominent business publications and online, the company identifies several highly qualified U.S. candidates but none possess the exact combination of international regulatory expertise and specific market experience deemed essential for the role. The company then decides to file a PERM application for a foreign national who has precisely the required global experience and specialized knowledge to lead their international operations effectively.