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PERM: The Permanent Labor Certification Program (PERM) is a process that employers must follow before hiring non-U.S. citizens to work in the United States. First, the employer must try to hire American workers for the job. If they can't find anyone, they can apply for a labor certification for a foreign worker. To get the certification, the employer must post the job with accurate details and pay a fair wage. They must also follow guidelines for posting the job in different places for at least 30 days. If the Department of Labor thinks the employer is not being honest, they may reject the application or audit it.
Definition: PERM stands for Permanent Labor Certification Program. It is a process that employers must go through before applying for a visa for non-U.S. citizens they wish to employ within the U.S.
Before an employer can hire a foreign worker, they must first try to hire a U.S. worker for the job. If they are unable to find a qualified U.S. worker, they can then apply for a labor certification for a foreign worker. This process ensures that U.S. workers are given priority for job opportunities.
To receive a labor certification, the employer must follow a set of procedures. First, they must establish a legitimate job posting with accurate details of the job and experience requirements. Then, they must receive a prevailing wage determination that sets a minimum compensation for the job posting. This ensures that the employer is not offering lower wages to foreign workers than they would to U.S. workers. The employer must also follow guidelines for posting the job for at least 30 days in different locations. Only if no qualified U.S. workers apply for the job can the employer file for a labor certification for a foreign worker.
It is important to note that if the Department of Labor suspects that the employer is not being honest in the process, the PERM application may be rejected or audited.
Example: A company in the U.S. needs to hire a software engineer. They first post the job on their website and on job search websites. They also post the job in local newspapers and on community bulletin boards. After 30 days, they receive several applications from U.S. citizens, but none of them meet the qualifications for the job. The company can then apply for a labor certification for a foreign software engineer.
This example illustrates how the PERM process works. The employer first tries to hire a U.S. worker for the job, but if they are unable to find a qualified candidate, they can then apply for a labor certification for a foreign worker.