The document summarizes the key aspects of the Re-engineered Permanent Labor Certification Program (PERM) implemented by the Department of Labor. It overviews the history and goals of streamlining the green card process. Under PERM, employers must conduct recruitment and offer the prevailing wage before applying. Applications are processed within 45-60 days and employers retain documentation for 5 years in case of an audit. Recruitment requirements depend on the occupation and can involve job postings, advertisements, and additional recruitment steps for professional jobs. PERM applications are reviewed for possible fraud and can be revoked if not compliant.

1. Re-engineered Permanent Labor Certification Program (PERM)

2. History and Background A labor certification is required prior to petitioning the USCIS for permanent residence (“green card”) for certain employment-based immigrant visas. DOL certifies 1) not sufficient U.S. workers and 2) no adverse effect on U.S. workers

3. History and Background Previous process criticized as: Complex Time consuming Resource intensive Duplicative New system streamlines process

4. Highlights of PERM Employers must conduct recruitment before filing applications SWAs provide prevailing wage determinations, but will no longer accept or process labor certifications Employers have the option of web-based filing Must offer at least 100% of the prevailing wage Employer retains supporting documentation for audit purposes for five (5) years Business necessity included in final rule DOL estimated to make decision within 45-60 days

5. Prevailing Wage Determination Request prevailing wage determination from SWA on their form Validity period 90 days to 1 year from determination date Employers must file their applications or begin recruitment within the validity period specified by SWA 4-tier wage levels

6. Pre-filing Recruitment Separate recruitment requirements for Professional and Nonprofessional occupations Professional occupations are listed in Appendix A to the Preamble All occupations not listed in Appendix A to the Preamble are considered non-professional for the purposes of recruitment

7. Pre-filing Recruitment (Cont’d) Placement of job order with SWA Two Sunday newspaper advertisements – professional journal optional in certain cases Additional recruitment steps for professional occupations (3 of the following) - The employer’s web site - Job fairs - Job search web sites - Private employment agencies - On-campus recruitment - Trade or professional organization - Employee referral program - Campus placement office postings - Radio and television ads Must conduct 2 out of 3 forms of recruitment w/i 30-180 day period PRIOR to filing application

8. Contents of Advertisement Employer name Wage rate (optional) Description of vacancy and geographic area of employment Direct applications to report to, or send resumes to the employer

9. Job Opportunity Business necessity (BN) available No foreign language requirement, unless justified by BN Combination of occupations permitted when justified Alternative experience requirements permitted

10. Job Opportunity (cont.) Job requirements must represent employer’s actual minimum requirements Alien’s background must satisfy actual minimum requirements Alien’s qualifying experience cannot be gained with the employer, except in limited circumstances Definition of ‘employer’ determined by EIN

11. Other Requirements Notification to laid-off U.S. workers by the employer applicant Prohibition against alien influence and control over job opportunity Other layoff rules if within 6 months of filing LC

12. Recruitment Report Recruitment steps undertaken Results achieved and lawful reasons for rejection of U.S. workers Maintain resumes/application materials for documentation/audit purposes (5 years)

13. Audit Letters Based on 1) review of applications and 2) selection for quality control purposes Must submit required documentation based on particulars of application 30-day response time for submittal of application documentation – 1 extension at COs discretion Failure to comply – application denied and future applications audited Application may be denied after review of supplied documents Supervised recruitment may be ordered by the CO (3-day newspaper, incl. Sunday, and 30 day JO)

14. Fraud, Revocation, Other Issues If possible fraud discovered before certification, referred to USCIS, DOL Inspector General If fraud found, application invalidated and processing terminated CO can revoke approved LC if finds certification was not justified (What does that mean?) No time limit on COs ability to revoke a certification

15. Re-filing of Pending Cases Re-filing applications under PERM - must meet final rule recruitment requirements (means employers may need to conduct additional recruitment) - must be identical application - current application considered withdrawn (re-file considered a withdrawal; must re-file within 120 days) - re-filed applications may take longer to process than other ETA Form 9089s

16. Strategic Considerations Advantages of filing before PERM Less costly recruitment Lock in Priority Date – (EB3 Retrogression) Re-filing under PERM – Potential to Lose Priority Date H-1B 7 th Year Extension Issues

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