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PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations.

Most foreign nationals start the process of becoming employee lawful permanent residents through PERM. Once they are permanent residents, they can start their journey to U.S. citizenship. All employment-based permanent residency applications (green cards) require a PERM except for the employment-based first category (EB-1) and the employment-based second category (EB-2) with a National Interest Waiver.

 

The sponsoring employer is responsible for the entire PERM process from recruitment to the filing process. Before filing a PERM for an employee, an employer must conduct a recruitment campaign, which consists of advertising the position and making a good faith effort to hire a U.S. worker.

 

PERM is a long process that takes at least a year. For this reason, it is imperative to follow every step carefully and get the PERM certified as fast as possible.

 

Once the PERM is filed, an officer at the DOL, the certifying officer, will either audit or certify the PERM. If the PERM is certified, the immigration process can move forward: filing form I-140, Immigrant Petition for alien worker, then form I-485, Application to Register Permanence Residence (if a visa is available).

 

If, however, the PERM is audited, the employer will need to provide different documents to the certifying officer before a decision is made. Receiving an audit during the PERM process can cause significant delays.

 

If you are an employer who has not been able to hire US workers for lack of qualifications in the local labor force, you may consider starting PERMs for your actual or potential foreign national employees. Contact Mons Law Group for assistance. Monique Ndaya Mutombo will help you navigate this complex process.

 

 

 

 

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