Delaware And Pennsylvania PERM Lawyers
On December 27, 2004, the United States Department of Labor released a new set of rules for a new labor certification program called ‘PERM’. PERM is an acronym for Program Electronic Review Management. The PERM program was launched 90 days after its publication date of March 28, 2005. The Department of Labor has a duty to document and certify that there are no available, qualified U.S. workers for an offered position by a U.S. employer. This certification is done as employment-based permanent resident status is the most succinct means of gaining U.S. citizenship. Very long lulls and delays in the certification process have both employers as well as foreign nationals very frustrated. The Department of Labor (DOL) has initiated a system of backlog reduction centers to expedite outstanding applications in addition to accepting new applications.
Under the new PERM system labor certification, applications are submitted through ETA-9089 form. These are done online. American employers are also still required to maintain accurate, detailed records regarding recruitment efforts for their offered positions. A sworn statement must be provided by the employers. These records and recruitment efforts are subject to a DOL audit. Barring a DOL audit, it is anticipated that most filed PERM cases will be adjudicated within 45-60 days.
PERM has some similarities compared to the former Reduction in Recruitment (RIR) system. PERM mandates that a minimum of two Sunday newspaper requirements are posted in a recruiting effort. For a professional position, additional forms of recruitment are necessary such as internet postings. Just like RIR filings, the print ads need to display the employer’s name, but not their address or originally offered salary.
There are also some major differences under the new PERM system. In a major departure from prior procedures PERM rules call for the employer listing the position for possible referrals with the State Workforce Administration (SWA) before filing. Recruitment efforts are to be conducted a minimum of 30 days but no more than 180 days prior to filing. Also, the former system mandates the employer offers 100 percent of prevailing wage when offering position to U.S. workers. This is compared to 95 percent previously.
PERM does allow for a labor certification application under the former system to be converted to the PERM system if filed prior to March 28, 2005. Thereafter a pending labor certification case can be converted to PERM without jeopardizing the foreign national’s priority date. If all PERM-related recruitment requirements are satisfied and the job offer remains unchanged the priority date can be maintained.
Contact Our Firm For Help With Your PERM Matter
The law offices of Hogan & Vandenberg, LLC, are conveniently located in Delaware and Pennsylvania. Contact an attorney today regarding gaining permanent residence through employment. In Delaware, call 302-225-2734. In Pennsylvania, please call 610-664-6271.