The PERM (Program Electronic Review Management) process, also known as Labor Certification, is a crucial step for U.S. employers who wish to sponsor foreign workers for permanent residency. This certification ensures that no qualified U.S. workers are available to fill the job and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers in similar roles.
What is the PERM Process?
The PERM process begins with the employer conducting a comprehensive recruitment campaign. This step is essential to prove that there are no qualified U.S. workers available for the position. The recruitment process includes posting the job opening in various locations, such as newspapers and online job boards, for a specified period. If no qualified U.S. workers apply, the employer can then proceed to file the PERM Labor Certification application with the Department of Labor (DOL).
How Long Does the PERM Process Take?
As of 2024, the processing time for PERM applications generally ranges from 6 to 12 months. However, this timeline can vary based on several factors, including the DOL’s workload, the accuracy of the application, and whether the application is selected for an audit. Understanding these factors can help you better anticipate the timeline for your specific application.
Common Causes of Delays in PERM Processing
- DOL Workload: The Department of Labor processes thousands of PERM applications each year. High demand periods can significantly impact processing times, leading to longer wait times for applicants.
- Application Accuracy: The accuracy and completeness of the PERM application are critical to avoiding delays. Errors or omissions can lead to requests for additional information (RFIs), which can extend the processing time by several months.
- Audits: Approximately 30% of PERM applications are selected for audit by the DOL. An audit can significantly lengthen the processing time, sometimes by several months. During an audit, the DOL will request additional documentation to verify the employer’s compliance with the recruitment and labor certification requirements. It’s important to note that an audit does not necessarily indicate a problem with the application; it can also be a result of random selection.
- Prevailing Wage Determination: Before filing the PERM application, employers must obtain a Prevailing Wage Determination (PWD) from the DOL. This step ensures that the foreign worker will be paid the appropriate wage for the job. Delays in obtaining the PWD can extend the overall processing time for the PERM application.
How to Expedite Your PERM Application
To avoid unnecessary delays, it’s essential to ensure that all steps of the PERM process are handled meticulously. This includes accurate documentation, timely responses to DOL requests, and thorough preparation for potential audits. Consulting with an experienced legal team can also help streamline the process and minimize the risk of delays.
BCA Law Firm & PERM
Navigating the PERM process can be complex and time-consuming, with processing times ranging from 6 to 12 months or more. Employers should be prepared for potential delays, particularly if their application is selected for audit or if there are issues with the accuracy of the information provided. To streamline the process and ensure compliance with all requirements, working with an experienced legal team is essential.
Contact BCA Law Firm today to ensure your PERM application is processed smoothly and efficiently. Our team of immigration lawyers is committed to guiding you through every step, minimizing delays, and paving the way for successful labor certification and the eventual sponsorship of foreign workers for permanent residency.
