• PERM - Program Electronic Review Management
  • L-1
  • H1B
  • H2B

Employment Based Immigration - PERM Overview


    PERM – Labor Certification Program (Agency: Department of Labor):

    The Acronym – Program Electronic Review Management

    The Department of Labor changed their old labor certification program to a
    new system, whereby they could review and manage the program
    electronically.  The actual form is now submitted and tracked online.

    PERM-Labor Certification – What is it?

    Labor Certification is the process the Department of Labor utilizes to
    determine that there is indeed a shortage of willing, qualified U.S. workers
    for a specific job position in a given geographical area.  PERM is an
    employment based immigration process, which if successful, allows for a
    petition by the employer for an alien to immigrate to fill the bonafide open
    job position.

    PERM-Labor Certification – Why?

    The Department of Labor has a mandate to protect the U.S. Workforce from:

    1.        loss of jobs, and(or)
    2.        adversely affected wages, and(or)
    3.        adversely affected working conditions.  

    In general terms they fulfill that mandate by requiring employers, who wish
    to offer a job position to a non U.S. worker, to first prove:

  1. That they (employer) could not find a willing and qualified U.S.
    worker to fill the position.
  2. The rate of pay is at least the median for that specific job     
    position (called: prevailing wage.)
  3. The job opportunity’s terms, conditions, and occupational
    environment are not contrary to Federal, State or Local law.
  4. The job opportunity has been and is clearly open to any U.S.
    worker.  

    PERM-Labor Certification – Process highlights?


  1. What are the employer's minimum requirements?
  2. How does the Department of Labor view the job position?
  3. We must arrive at a consensus that is agreeable and accurate to the
    DOL and agreeable and accurate for the employer on actual
    minimum requirements.
  4. Prevailing wage is determined by the Department of Labor.
  5. Good Faith Recruitment
  6. Full and accurate documentation of recruitment
  7. Establishment of employer account
  8. Online submission of PERM - Labor Certification form (ETA-9089)
  9. Adjudication by the Department of Labor

Employment Based Immigration - L-1 Overview

    Essential Purpose of the L-1:

    L-1 is an employment based immigration process for intra-company transfer of
    executives, managers, and those with specialized knowledge who meet all the
    necessary criterion.  The program was not created for self-employed persons seeking
    to immigrate or for foreign businesses seeking to relocate to the United States.

    Scope: Temporary, Non-Immigrant

    L-1 Highlights:

  1. A. U.S. company that is also doing business in at least one foreign country
  • Parent, Branch, Affiliate, or Subsidiary
  • Established and ongoing U.S. company and established and ongoing
    parent, branch, affiliate, or subsidiary
  • Business will continue in both places for duration of L-1 stay
  1. Beneficiary
  • Been employed abroad with the petitioning company for one year
    within the previous three years
  • Qualifies as a manager, executive, or alien with specialized knowledge
  • Destined to a managerial, executive, or specialized knowledge
    position
  • Have a true employer/employee relationship


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Employment Based Immigration - PERM, L-1...
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