Program Electronic Review Management
(PERM)
SUMMARY
On
March 28, 2005, the Department of Labor implemented the new PERM program
(Program Electronic Review Management) for labor certification filings. This is
the latest way of filing labor certifications, eliminating the two previous
methods: (1) Reduction in Recruitment (RIR) and (2) the “traditional,” i.e.,
Department of Labor (DOL) monitored system. PERM requires that an employer
perform specific recruitment for an open position prior to filing a labor certification
application, either electronically or by mail, with the national PERM
processing centers in Atlanta.
PERM
was introduced as a more cost effective and faster way for DOL to adjudicate
labor certifications. In exchange for the promised faster processing, DOL changed the
requirements for labor certifications, some of which require employers to
implement new systems in order to utilize PERM.
PERM
is generally the first step in a three step process toward securing lawful
permanent resident status in the U.S.
The process requires employer sponsorship and all fees related to the
PERM process must be paid by the employer and may not be subsequently
reimbursed by the employee. The
employer is required to undertake extensive recruitment prior to submission of
the application to DOL. This recruitment
includes three mandatory recruitment methods include:
1. Two
print advertisements run on a Sunday in a paper of general circulation in the
area of intended employment (may be consecutive Sundays). The company may
also opt for a professional journal, but this will likely result in resumes
from across the country. The ads must contain the employer's name, the
geographic location of the position, and a brief description of the
job/title. Including a wage is optional, and generally not recommended.
2. Placement of a job bank order for a 30-day
period.
3. Placement of an internal job posting for 10
consecutive days.
In addition to the three mandatory recruitment
methods, a company must show recruitment in at least 3 of the following:
a. Job Fair participation
b. Job search web site (i.e. Monster, Career
Builder, etc.)
c. Internal Employee Referral Program (must
include incentives for referral)
d. Advertisement in a local or ethnic newspaper
e. On-Campus recruiting
f. Advertisement in a trade or professional journal
g. Job listing with private employment firm
h. Job listing with campus placement office
i. Radio or TV ads
Once
recruitment is placed, any applicant resumes must be reviewed and annotated
with job related reasons for rejection. The employer should maintain a
spreadsheet indicating the number of applicants, the source of the resume, and
the results of the resume review and/or interview process.
PERM
requires an employer to offer a wage for the position that is at least 100% of
the prevailing wage determination issued by the DOL for the occupation in the
area of intended employment. DOL will
allow only one rebuttal to a wage determination that comes in higher than the
wage offered. Note that a case may be
prepared for an offer of future employment reflecting a salary that will be
paid at the time the individual is promoted into the new role (NOTE: Promotion
must occur prior to green card approval if the PERM is filed and approved for
the higher level position).
Originally, DOL anticipated
adjudicating labor certification applications filed under PERM within 45 to 60
days. However, due to the volume of cases submitted to the agency, processing
time is approximately 8 to 10 months for non-audited cases. DOL has the
discretion to audit a case to determine if recruitment and other compliance
points are in place, which would cause a delay in the 8 to 10 month processing
time. DOL can request an audit either randomly or for cause. Audits may delay
case processing from 10 to 12 months.