The PERM (Program Electronic Review Management) is the standard process for obtaining Green Cards through employer sponsorship. The PERM process is facilitated through the U.S. Department of Labor. Applications for PERM are submitted electronically once the employer has taken certain designated recruitment steps and followed the procedures necessary to establish that an American worker is not readily available for a particular job.

There are certain BASIC requirements for all PERM applications. They are as follows

• FULL-TIME EMPLOYEE The employer must hire the foreign worker as a full-time employee, not part-time.
  
  
• PERMANENT POSITION The employer must be offering a permanent position. Temporary or seasonal positions do not qualify for labor certification. (The positions of Medical Resident or Medical Fellow may NOT be considered as PERMANENT positions, as they are limited in duration - be CAREFUL about applying for PERM certification on the basis of a residency/fellowship position - we do not recommend it)
  
  
• STANDARD/REASONABLE JOB REQUIREMENTS The minimum educational and experience requirements that the employer specifies for the position must be those customarily required for the occupation. These requirements cannot be tailored to the background of the employee for whom the application is filed.
  
  
• WAGE OFFER MUST BE AT LEAST THE PREVAILING WAGE FOR THE POSITION. The employer must pay at least the "prevailing" wage for the occupation in the area of intended employment, which is essentially the average wage that other employers pay for similarly qualified workers. The prevailing wage is obtained from the particular STATE Dept. of Labor, in the State of intended employment.
  
  
• THE ALIEN MUST MEET THE QUALIFICATIONS OF THE POSITION PRIOR TO THE TIME OF APPLICATION. For example, if the offered position is that of INTERNAL MEDICINE PHYSICIAN, and the alien is in the midst of his/her residency, he/she does NOT yet qualify for PERM application. Instead, he/she must wait until completion of residency to file.

Frequently Asked Questions About PERM Application Process

1. How does PERM differ from the old process of labor certification?

2. What type of recruiting efforts are required by PERM?

3. Is PERM useful for physicians and scientists who may otherwise qualify for EB1, EB2-NIW, or other priority Green Card categories?

4. Do I need to be working for the employer who agrees to sponsor PERM for me?

5. How can MDgreencard.com help me in this process?

FREQUENTLY ASKED QUESTIONS:

1. How does PERM differ from the old process of labor certification?

PERM requires that the employer undertake certain well defined recruiting steps prior to the filing of a PERM application, for the purpose of demonstrating that the employer has attempted (without any success) to locate U.S. workers for a particular position. Once the recruiting has been completed, the employer would then file a PERM application, attesting that they have undertaken the necessary recruiting steps without any success. The employer would not need to attach any proof of recruiting, unless requested by the U.S. Dept. of Labor in an audit. Adjudication from the Dept. of Labor typically occurs within 1-3 months from filing. The old labor certification process, on the other hand, required supervised under the direction of the State Dept. of Labor, and took much longer for adjudication.

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2. What type of recruiting efforts are required by PERM?

PERM requires different types of recruitment efforts for professionals (jobs that require a degree or experience), and non-professionals.

Please contact us with further information about recruiting efforts required.

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3. Is PERM useful for physicians and scientists who may otherwise qualify for EB1, EB2-NIW or other priority Green Card categories?

Yes, at least as a back-up. For physicians/scientists who qualify for EB1, EB2-NIW processing, applications for the US Green Card are submitted directly to the U.S. Immigration Service. The Dept. of Labor is bypassed completely. However, there are often restrictions and stringent requirements for both of these categories processing which do not exist under PERM. Therefore, it is even possible that PERM could become quite useful to many physicians/scientists whose employers are willing to undertake the prior recruiting efforts.

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4. Do I need to be working for the employer who agrees to sponsor PERM for me?

No. So long as you meet the qualifications for the offered position, you can be sponsored by a different employer for PERM processing.

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5. How can MDgreencard.com help me in this process?

We have substantial experience in assisting physicians and scientists with the Green Card application process, and can advise you as to the best method(s) to utilize. If we determine that a PERM filing is appropriate, we will take all steps to ensure that the application is filed properly and timely.

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