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PERM US visa: professional certification procedure as part of the Green Card sponsorship process

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USA (United States)
PERM US visa: professional certification procedure as part of the Green Card sponsorship process

The procedure for employing a foreign specialist in the USA requires PERM certification. Learn what bona fide employment is and what requirements the DOL places on employers

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The procedure for employing a foreign worker in the USA requires mandatory PERM certification.

The main purpose of PERM is to prove that there are no qualified specialists in the USA who can perform the planned work and that hiring a foreigner is justified.

The features of bona fide employment in the USA and how to pass PERM are discussed later in this article.


What is PERM?


PERM is the US Department of Labor’s labor certification system, which is the first step in sponsoring a foreign worker for permanent residence (“green card”).

PERM is necessary to demonstrate that there is no qualified American worker to fill the position and that hiring a foreign citizen will not have a negative impact on wages or working conditions of workers in the USA.


What is bona fide employment in the USA?


Bona fide recruitment means an employer’s sincere, diligent efforts to find and hire qualified US workers before offering the position to a foreigner. Essentially, you must prove that hiring a foreign worker will not negatively impact the wages and working conditions of comparable U.S. workers.




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Fair Employment Requirements in the U.S.


The DOL requires U.S. employers to follow certain steps for fair hiring, including:


1. Accurate job descriptions

A job description must reflect the actual duties and requirements of the position.

Avoid overstating job duties or tailoring qualifications to favor a foreign candidate. This ensures transparency and fairness.


2. Appropriate Hiring Methods

The DOL requires employers to post job advertisements in the State Labor Agency (SWA) and in newspapers to test the labor market for potential hires in the U.S.

Throughout this process, it is critical that hiring managers demonstrate honesty and fairness:

- Newspaper ads – typically placed in two different weeks in a general circulation newspaper in the area of ​​the potential job.

- SWA job posting – a mandatory job posting posted with the state department of labor for at least 30 days.

- Supplemental recruitment – ​​for professional positions, you must participate in at least three additional forms of recruitment (e.g., job fairs, online job boards, on-campus placements).


3. Application Legitimacy Verification

You must screen candidates only for the minimum requirements you initially listed in your job posting and cannot invent more stringent or additional requirements later.


4. Fair Interview Process

Use a consistent set of interview questions and scoring standards for all candidates. Keep thorough documentation of how you evaluate each applicant’s ability to meet the job requirements.


5. Document Results

Document the number of U.S. applicants, reasons for rejection, and any jobs offered.


Who is responsible for the PERM process in the US?


Human Resources managers are typically responsible for overseeing or coordinating each phase of the PERM recruitment process. For many HR managers, the most challenging aspect is balancing the day-to-day hiring process with the PERM requirements.


Step-by-step PERM process


Navigating PERM can be overwhelming, so it’s a good idea to use the following procedures.


1. Write a job description with realistic requirements

Use everyday language, not jargon or overly qualified information. This will encourage more U.S. applicants to apply if they meet the requirements.


2. Keep communication channels open

Respond promptly to applicants and ensure consistent follow-up. Document every contact so you have a clear record of each candidate’s results.


3. Follow Equal Employment Opportunity (EEO) guidelines

Make sure you do not discriminate on the basis of race, color, religion, sex, national origin, age, or disability when evaluating applicants.


4. Prepare thoroughly for the audit

Keep all documentation – job postings, SWA confirmations, interview notes, candidate resumes – in a convenient format. This will help if the DOL reviews your case.


Important! If a qualified U.S. worker who meets the criteria and is willing and able to perform the job becomes available during the PERM process, the employer must consider that candidate first.


How long does the PERM process typically take in the U.S.?


On average, PERM applications can take 6 to 12 months to process. This includes the hiring period, the preferred wage determination, and the wait for the DOL’s decision.


Preferred Wage Determination (PWD): What is it and why is it important?


The Preferential Wage Determination (PWD) sets the minimum wage that an employer must offer a foreign worker, based on job duties and location. This ensures that hiring a foreign worker will not reduce the wages of U.S. workers in similar positions.

Employers must obtain a valid Preferential Wage Determination from the DOL before beginning PERM recruitment to ensure that your job postings and wages meet the requirements.


What if your PERM application is denied?


If your PERM is denied, the employer can file a request for reconsideration with the DOL or file an appeal through the Board of Alien Labor Certification Appeals (BALCA). Working closely with an employment lawyer can help identify and resolve any issues raised in the denial.


Get advice from an employment lawyer to navigate the process of hiring a foreign worker in the United States without any hassle.



Reminder! The active changes in US immigration policy since Donald Trump came to power affect the lives of millions of foreigners, both in the country and abroad. In particular, the possible abolition of birthright citizenship has negatively affected thousands of families. We have already told you what alternative legalization paths are available to foreign families in the US after the abolition of birthright citizenship.




Products from Visit World for a comfortable trip:


Checklist for obtaining a visa and necessary documents in the USA;

Legal advice on immigration to the USA;

Travel insurance for foreigners in the USA;

Medical insurance all over the world.



We monitor the accuracy and relevance of our information, so if you notice any errors or inconsistencies, please contact our hotline.

Frequantly

asked questions

Are all positions subject to PERM requirements?

Not all positions require PERM. Some categories, such as List A professions (for example, certain nurses and physiotherapists), undergo pre-certification, that is, they bypass certain stages of hiring. In addition, certain “national interest” or extraordinary ability visas (for example, EB-1 or national interest waiver under EB-2) also do not require PERM.

When to start the PERM procedure?

How long should I keep employment and application records?

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