PERM – If an individual is interested in pursuing an employment-based green card, usually, the first step of the process involves having their petitioning employer obtaining a labor certification from the U.S. Department of Labor. The labor certification process is known as PERM, which stands for Program Electronic Review Management.

What is PERM?

PERM is an electronic system that has been around since 2005 and was created to reduce the average processing time involved in obtaining a labor certification for petitioning employers. It assists petitioning employers in monitoring the documentation they have provided to the U.S. Department of Labor and in ensuring that they have submitted all of the required information.

The PERM process is put in place to make sure that people do not abuse the U.S. immigration system or harm the U.S. workforce by providing jobs which are readily available to U.S. citizens to foreign nationals. Petitioning employers must undergo an extensive recruitment process to make sure that no U.S. workers are qualified for the posted position.

Prevailing Wage

One of the key components of the PERM process is the prevailing wage determination. The Department of Labor defines prevailing wage as ““the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” This figure is determined by the Department of Labor using several factors such as:

  • The geographic location of the job;
  • The average pay of workers with similar skill-sets;
  • The average education level of people working that position;
  • The experience level;
  • Other factors.

The prevailing wage determination, once issued, is only good for ninety days, so the petitioning employer must go through recruiting efforts and must submit all required information within the 90-day period.

Consider setting up a consultation with an immigration lawyer at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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