Eligibility:

The PERM visa is designed for individuals whose employers have identified a specific job position as one for which no qualified or available candidates exist within the United States. This visa category requires a bona fide job offer extended to the alien employee. The PERM process involves multiple steps, beginning with the classification of the position to demonstrate its uniqueness in the domestic job market.

Requirements and/or Materials:

To obtain a PERM visa, applicants must provide documentation and written explanations showcasing the employer’s efforts to recruit candidates both internally and publicly. Additionally, evidence of federal and state tax identification numbers, along with sufficient funds to pay the offered wage, must be presented. USCIS requires evidence demonstrating:

• Extensive advertising efforts for the position, with proof that no suitable candidates were found domestically.
• Recruitment of professional workers through specialized platforms.
• Financial capacity to meet the minimum wage requirements specified by the Department of Labor.
• Compliance with specific advertising regulations and timeframes, especially for professional positions requiring higher education.

Employers must prioritize hiring from the domestic talent pool and must avoid shortcuts to prevent audits. PERM visa applications can be filed for alien employees already within or outside the United States.

Validity:

Upon approval, the Permanent Residence card (green card) is initially valid for 10 years and must be renewed before expiration. Conditional permanent resident status may be granted in some cases, requiring removal of conditions within two years.

Family Members:

Spouses and unmarried children under 21 are eligible as derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

PERM applications undergo processing by the Department of Labor to ensure no qualified American candidates are overlooked. Following approval by the Department of Labor, the I-140 petition is processed by USCIS. Upon approval, applicants may choose to adjust their status within the U.S. or undergo consular processing overseas.

PERM: Employer Recruitment Requirements:

The PERM process entails several tasks for employers to demonstrate to the Department of Labor (DOL) that no qualified American worker applied for the position. The transition to the Foreign Labor Application Gateway (FLAG) system streamlines the application process, with online submissions replacing the previous portal-based method.

Conclusion:

Filing a PERM application via the FLAG system simplifies the process for employers seeking to hire foreign workers. By adhering to the system’s guidelines and following the step-by-step process outlined above, applicants can navigate the application process efficiently. Regular monitoring of the application status and prompt response to any queries are essential for a successful outcome.