What is Perm?

Perm is the acronym of permanent labor certification program. PERM issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to w ork permanently in the United States.

Employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA), before submitting an immigration petition to the USCIS.

The DOL must certify to the USCIS that there are no qualified U.S. workers to accept the job at the prevailing wage for that occupation in the area.

Effective Date

PERM is effective March 28, 2005 and applies to Labor certificaiton applicaitons filed on or after that date.

Difference between the PERM and Labor certificate

The standards used in making labor certification determinations under the PERM will be substantially the same as those used in arriving at a determination in the old system. The determination will continue to be based on: whether the employment of the foriegn worker will have an adverse effect on the wages and working conditions of United States workers similarly employed; whether the employer has met the requirements of the regulations. whether there are not sufficient United States workers who are able, willing, qualified and available;

How to file ETA 9089?

Employers have to submit the new form (ETA 9089) electronically directly to a National Processing Center. ETA 9089 is the Application form for Permanent Employment Certification.

Where to start?

In order to file PERM on-line, the employer must have a Permanent Online System account(www.plc.doleta.gov), The account allows for the preparation and management of applications on-line, and the PIN is required to submit applications on-line.

Materials

The employer must file the ETA Form 9089. The employer is also required to retain all supporting documentation for five years from the date of filing the ETA Form 9089.

Can an attorney, agent or law firm register to use the Permanent On-line System

No, only an employee or owner of the employer entity may register.

PERM Advertisement

Newspaper advertisements must be placed on two different Sundays at least 30 days, but no more than 180 days, prior to filing the application. The Sundays may be consecutive. There is no specific edition requirement for journals, however, the advertisement must be placed at least 30 days, but no more than 180 days, prior to filing the application.