The PERM Process

Fundamental Process for Individual Certification under PERM (Program for Electronic Review Management):

• An employer (whether an employee or the owner of the employer entity) signs up to utilize the Permanent Online system for electronically submitting labor certification applications.
• The employer secures a Prevailing Wage Determination (PWD).
• The recruitment process can commence even before officially receiving the Position Work Description (PWD).
• The employer submits an application for Permanent Labor Certification (LC).

Ten Critical Insights Employers Need to Understand About the PERM Process

1. Validity of the Labor Certification: A Labor Certification (LC) is no longer valid indefinitely. It will expire if it is not used to support an I-140 petition within 180 calendar days from the date the Department of Labor approved it.
2. Be wary of typos and omissions, as you cannot correct a submitted application. Changes to the Labor Certification (LC) can no longer be made. Once filed, the only way to amend an LC is to withdraw the application and submit a new one. There are no expedited cases for aging-out children, preventing deportation, facilitating medical treatment, or any other reasons that would necessitate taking the case out of order.
3. Replacement of beneficiary – The Department of Labor now prohibits the substitution of beneficiaries.
4. Replacement of Employer – Under the regulations prior to PERM (Program Electronic Review Management), the Department of Labor allowed a successor employer to be substituted if the change happened before a final decision was made, provided that the job opportunity remained within the same intended employment area.
5. Revocation – the approval of the labor certification can be withdrawn if it was granted without proper justification.
6. Withdrawal: An employer can withdraw a certified PERM Labor Certification at any time, but it must be done in writing and not through electronic means.
7. Investigation: The LC process can be put on hold if the certifying officer identifies any fraud or intentional misrepresentation.
8. Request for Audit: An audit could be initiated either due to a specific review of an individual Labor Certification (LC) application or as a part of a random quality control check. The employer has a period of 30 days to respond to the audit notification. Not providing the required documents within this timeframe results in a denial and is considered a failure to pursue all available administrative remedies.
9. Appeal – If the employer chooses not to appeal, they can submit a new Labor Certification (LC) at any moment. However, if an appeal is made, a new LC cannot be submitted while the review is ongoing. The employer has the option to appeal, request reconsideration, or simultaneously request both reconsideration and a review by the Board.