Starting a PERM Case?

January 18, 2011

I've been fielding a lot of calls for PERM lately. I'm not sure if it's related to the fact that indications for the private sector and employment numbers are on the rise or if it's the beginning of a new year and everyone wants to start their permanent residency applications, or just what.

Either way, I wanted to summarize just what it takes to start and submit a successful PERM application. PERM, which is the formal name for the Department of Labor's (DOL) foreign labor certification application, Form ETA 9089 - is a complicated process. Before an applicant even deals with the USCIS, an applicant's employer must conduct a formal recruitment campaign, setting out advertisements for the employment opportunity and only after weeks of advertising plus a 30-day quiet period, can a PERM application be submitted. A useful overview of the entire process can be found at our website: www.jfonglaw.com

In the meanwhile, a lot of things must be achieved during this time: DOL's independent verification of the company's existence, a prevailing wage determination also by DOL, and of course, meticulous documentation of the advertisings and recruitment results. If all goes well, a PERM applicant may see their application lodged with the DOL some 2-4 months after starting the process. Current processing times once a labor certification has been submitted are surprisingly short right now. Our office recently received a labor certification approval within 2.5 weeks of submission. And while I can't ensure that this trend continues, it is a welcome surprise. I will explain the second and third stages to a PERM application in the next blog, so please check back in a couple of days. ---ecf