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67 Buck Road, Suite B-55
Huntingdon Valley
PA 19006
Phone: (215) 744-5100 (215) 376-4218
Fax: (215) 525-2220

Email: mjnair@aol.com
A Brief Overview

In March 2005, the Department of Labor (DOL) implemented a new labor certification procedure called Program Electronic Review Management (PERM).

The first step under PERM is to obtain a Prevailing Wage Determination from the State Workforce Agency (SWA). The next step is to conduct a recruitment campaign. Basically, the recruitment process involves the following:

1. Place a Job Order with the State Workforce Agency for a period of 30 days
2. Two Sunday advertisements in an appropriate newspaper
3. Posting a Job Opportunity Notice at the worksite for 10 business days

If the position is professional in nature, meaning one requiring at least a bachelors degree, then three additional recruitment efforts from the following are required:

1. Evidence of recruitment at job fairs
2. Posting on the prospective employers website
3. Posting on a job-related website other than that of the prospective employer
4. Evidence of on-campus recruiting at colleges or universities
5. Listings with or in journals of trade or professional organizations
6. Efforts of recruitment from private employment firms
7. Evidence of employee referral program(s)
8. Listings in local and ethnic newspapers
9. Evidence of radio and/or television advertisements

There is a waiting period of 30 days from the last recruitment effort to see if able, willing, and qualified US workers are available. The recruitment process must be completed within six months of the filing of the application for Labor Certification.

On completion of the recruitment process, a report has to be compiled giving specific job related reasons for rejecting US applicants.

Once the above steps are completed, the Application for Labor Certification can be filed either electronically on line or by mail. Though DOL promises a response within 45 to 60 days, our recent experience is that it takes more than six months. If the case is eligible for certification without an audit or further queries, the certification will be issued by mail. If the case is not certifiable, then DOL will send a letter requesting additional information and/or documents, which should be responded by the applicant employer within 30 days.

For Frequently Asked Questions,  click here.
The information on this website is of a general nature only and should not be taken as professional legal advice.
Always seek legal advice before proceeding with your case.

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