PERM – Frequently Asked Questions
This is the first step in the PERM process and is very important. No mistake can be made at the initial stage of the PERM process when completing Form 9141. It is essential to carefully review the job offer, description and functions, and the foreigner’s resume. A mistake could cost thousands of dollars, but most importantly, it will cost valuable time for the company and employees.
It depends, but most likely it does. Any changes to Forms 9141 and 9089 may affect the PERM process as a whole. As a result, it is important for the attorney and the company representative to have an extensive conversation about the PERM process and its requirements.
The prevailing wage determination is the average wage paid to workers similarly employed in a specific occupation in the intended area of employment.
The PERM process can take up to two years. It is a long and very technical process.
The U.S. employer must perform a PERM hiring process for the available position. Perm’s hiring process must certify to USCIS that there are not enough capable, willing, qualified, and available U.S. workers to accept the job opportunity in the intended area of employment. The company must interview all candidates applying for the position.
The 9089 application can be audited. The Department of Labor will assign a Certifying Officer to review and adjudicate the case. The Certifying Officer may request a specific or general audit at any time during the review process. Once the company obtains an audit, the Attorney must establish a response plan. The most important part is to take the necessary steps to avoid specific audits.
The process must be stopped, followed by a six-month waiting period, and then retest the labour market, perhaps with modified criteria. The employer must embark on the PERM process in good faith, recognizing that it will review the resumes of all applicants applying for a position as a result of the DOL’s regulated hiring campaign. If there are minimally skilled U.S. workers who would accept the position if offered, the PERM process cannot continue.
We will prepare and file the PERM application (9089) and file it with the Department of Labor.
Step 1: Obtain a labor certification from the U.S. Department of Labor
- Department of Labor Prevailing Wage Request: 4-5 months
- Perform Competitive Recruitment Process: 3 months •Request Permanent Labor Certification (PLC): 4-5 months
Step 2. – Immigrant Petition by the Company (15 days* – 4 months)
- File the I-140 Immigrant Petition after PLC Approval; •provide letters of work experience to USCIS;
- provide proof of education to USCIS; and
•15-day option* available if the Company pays a premium processing fee to USCIS
All steps are important in the PERM process. For example, Form 9141 is key to getting approved because any errors in the form can cause an audit and/or a new filing. The advertising process is also very important; missing any deadline may cause the petition to be denied. The PERM process is very technical and requires an experienced PERM attorney to get approved.