QUESTION: What is PERM? Is it differenr from Green Card?
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david ingram replies:
PERM is different from a green card. It should give employment
authorization with 60 days of submission of a proper application as opposed
to the "up to" five years it was taking before.
PERM went into effect on March 28, 2005. and is now the "ONLY" way to file
labor certifications ("labor certs" or "labor clearances"). Labor
certification is a determination by the Department of Labor that there are
no U.S. workers who are qualified and available for the job in question and
is the method required for most employment based green card applications
The good part is that the PERM application is filed directly with the
Department of Labor over the INTERNET. Although the state agencies supply
the prevailing wage, they have no other involvement in the process.
The employer must conduct specified recruitment activities, similar to RIR
recruiting under the previous system BEFORE filing the PERM application.
These activities must include the following:
* Two Sunday newspaper ads (or one Sunday newspaper ad and a professional
journal where appropriate)
* A job order through the state workforce agency
* For professionals, at least three other forms of recruitment, which can
include:
* commercial Internet ads;
* ads on the employer's own Web site;
* University campus placement offices;
* internal incentive programs;
* participation in job fairs;
* local newspaper ad
* ethnic newspapers;
* Radio or Television ads
* Trade and/or professional journals
* Employment (headhunter) Agencies
The Department of Labor expanded the list of alternative recruitment methods
that can be used to satisfy the requirements.
Also, the salary need not be stated in the ad. This is a big change from the
proposed regulation.
The advertising must have occurred within six months of filing the
application. All but one ad and an internal notice must be placed a minimum
of thirty days before the application is filed.
The employer must obtain a prevailing wage determination ("PWD") from the
State Workforce Agency (SWA) before the application is filed. The wage
offered must "meet or exceed" the PWD. This means that the PERM application
can NOT be filed (and no priority date can be established) if there is an
unresolved dispute over the prevailing wage.
The employer must now offer 100% of the prevailing wage, not 95% as before.
However, there is now more flexibility in prevailing wage information, since
the official wage statistics now provide four salary levels for each job
instead of just two.
A prevailing wage problem will stop a PERM case before it starts.
Documentation should not be submitted with the application. But, the
employer must maintain copies of the ads, resumes, and all other documents
showing that the recruitment actually occurred as reported.
The DOL will audit selected cases. Applicants must then produce all
supporting documents in thirty days. If the documents cannot be immediately
produced, the application will be denied.
PERM does not change the special rules available for Schedule A occupations
including nurses and physical therapists (who are pre-certified) and
university teachers (who apply under an easier-to-meet standard).
Answers to this and other similar questions can be obtained free on Air
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