PERM Process

The labor certification process entails a test of the local labor market for availability of qualified and available U.S. workers. Recruitment efforts for the position must entail advertising the position at the level of or above the prevailing wage. Employer attestations are submitted with to the DOL to indicate compliance with recruitment and other PERM requirements. Employers must create and maintain a PERM audit file with evidence of proper recruitment efforts and supporting documentation. The DOL may audit the employer to verify compliance.

Randall Law PLLC provides comprehensive representation throughout the entire PERM process, including detailed case analysis, filing preparation, employer audit file compilation and related legal advice. We also take on cases at the audit stage and during post-denial audits to the Board.

Randall Law PLLC provides comprehensive representation throughout the entire PERM process, including detailed case analysis, filing preparation, employer audit file compilation and related legal advice. We also take on cases at the audit stage and during post-denial audits to the Board.During the PERM stage, although the attorney will do most of the paperwork, the employer’s cooperation is critical. The DOL mandates that a number of steps only be conducted by the employer.

The employer should expect to:

• Provide documents and relevant information about the company and the proffered position;

• Review and approve the job details prepared by the attorney;

• Register on the PERM online filing system;

• Review and approve recruitment schedules prepared by the attorney;

• Choose an employee to review job applications and interview applicants, if necessary; and

• Review the recruitment reports prepared by the attorney and sign the recruitment report.

The employment-based immigrant visa petition is filed after the Labor Certification is approved–or at the outset of the process for positions not requiring DOL certification. The petition is filed with comprehensive proof of the employee’s qualifications for the applicable classification and typically with proof that the employer can pay the prevailing wage since the priority date. If the category in which the petition is filed is current, the Adjustment of Status Application can be submitted at the same time. If the applicant is abroad, consular processing of the immigrant visa is possible. If there is retrogression in the visa classification, the beneficiary should keep valid their underlying nonimmigrant status if in the U.S., or wait for their visa availability in their home country, if abroad.

Before embarking on this multi-year process, it is critical that the proffered position, employer, and beneficiary are carefully evaluated to ensure the highest chances of a successful outcome. Randall Law PLLC Senior Partner Samuel Randall has assisted multiple employers and beneficiaries in achieving their employment-based immigration goals. Schedule a consultation for a detailed discussion of possible eligibility. Complementing the employment-based (permanent) immigration process are a number of nonimmigrant (temporary) visas that companies and workers look to, including H-1B, L-1, O-1, TN, B-1, and E-2 visas.

Employment-Based Green Card Process

EB Green Card Process Steps

The three steps in most employment-based Green Card and Immigrant Visa processing entails: 1) Labor Certification by the U.S. Department of Labor; 2) Approval of an Immigrant Visa Petition; and 3) Applying for a Green Card (if in the U.S.) or an Immigrant Visa (if abroad).

PERM: Labor Certification Overview

PERM Labor Certification Requirements

Step 1: PERM Process

Randall Law PLLC provides comprehensive representation throughout the entire PERM process, including detailed case analysis, filing preparation, employer audit file compilation and related legal advice. We also take on cases at the audit stage and during post-denial audits to the Board.

Steps 2 &3: Immigrant Visa Petition & Applying for Green Card (or Immigrant Visa)

An Attorney Who Is Knowledgeable about the PERM Process

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