PERM is a system through which employers can hire a foreign national by submitting an application to the Department of Labor (DOL).
In this application, employers attest that they have taken certain steps to recruit U.S. workers and that they have been unable to locate a qualified U.S. worker for the position. They also must confirm that they pay the “prevailing wage” to the beneficiary, once the green card is approved. Employers are responsible for documenting their compliance with the recruitment steps enumerated in the regulations.
The above explanation of the PERM process illustrates that it is very much the employer’s petition. While it may be filed on your behalf, the employer is responsible for performing all the steps to prepare the application and can withdraw the petition for any reason. In fact, under current DOL regulations, the employer also must pay all fees related to the preparation and filing of PERM, including legal fees. As a result, immigration counsel must be able to balance both your needs and the employer’s needs in preparing these applications. Our attorneys understand that PERM is a complicated and counterintuitive process. We regularly work with employers to guide them through this complex process, and to ensure that the petition is in all respects properly prepared.