What You Should Know About PERM Certification Requirements

The Program Electronic Review Management (PERM) System Labor Certification was created by the department of labor on March 28, 2005. It is the first step in the application for a Green Card. The purpose of PERM is to ensure that work visas are not granted to workers who will compete with local US workers.

The purpose of a PERM certification is to demonstrate that the job role you want to seek is not one that can be done by a local US worker. The EB-2 and EB-3 visa require a PERM certification before you can be granted the immigrant-based employment visa.

You can waive the requirement for a PERM certification if you get a National Interest Waiver (NIW). The National Interests Waiver establishes that your coming to work in the United States is something that would further US National Interest.

Is the PERM Certification a Visa?

There is a common conception that the PERM certification is as good as a visa. However, it is not a visa; it is the first step in the application process for a green card. After getting a PERM certification, your employer can file a petition for a green card on your behalf.

After the petition is approved, you must wait until a visa number is available for your priority date. Depending on the type of employment visa you are applying for, this wait could be up to 20 years. To prevent a situation where you wait indefinitely, make sure you contact an immigration attorney during the process.

When there is an available visa number, you can apply to adjust your status or get a green card from the US consulate in your home country. In essence, it is your green card, not your PERM visa, that would make it possible for you to reside legally in the United States.

PERM Certification Requirements

In order to qualify for a PERM visa, you have to make sure you comply with the following:

• You need to have an existing job offer in the United States.
• The wage for the job offer has to be above or equal to the Department of Labor prevailing wage.
• It has to be established that there was a search for US workers that didn’t bring any results.
• Your prospective employer needs to keep an audit file documenting his attempts at recruiting workers in the United States.

PERM Certification Costs and Green Card Processing Fee

The Department of Labor doesn’t have a filing fee for PERM certification. However, there are other costs associated with the process. This includes things like ad placements by your employer and interviews with US candidates. In all, the entirety of the PERM application process is your employer’s responsibility.

When it comes to the Green Card Processing fee, the USCIS has a filing fee of $580 for the I-140 petition. This is a fee that your employer should pay, not you.