PERM-Labor Certification

PERM is a labor certification program created by the US Department of Labor. This is the newest program the DOL has created and it has some basic points.

• Any labor application filed after or on March 28, 2005, will comply with PERM rules.
• One hundred percent of the prevailing wage must be paid by the US employer, rather than the previous 95 percent. Four wage levels, instead of the previous two, are available under PERM.
• All PERM labor certification must either be filed by mail or electronically with the DOL.
• The goal for making decisions on the PERM applications filed electronically with the DOL is set at 45-60 days. This is considerably quicker than the months and frequently years it took to make decisions with the standard and RIR processes.

How Fast Does PERM Processing Take?

There is no exact timeframe for responding to PERM applications. However, the DOL does have a goal of making a decision within 45-60 days. And, while the DOL has this goal that does not mean that all electronically filed PERM applications are decided in that time frame. As a result, the timeframe for PERM processing is much like all other types of applications filed with the federal government. They may take a few weeks, months, or even years, depending on the application. Most straightforward cases should be approved within the 45-60 day goal, but keep in mind that is "most" and not "all" cases. Cases that are issued audit letters will likely take significantly longer because a backlog is likely to occur like with the previous standard and RIR processes. The recommendation for a speedy process is to ensure the PERM application is as straightforward as possible and will not require an audit letter. Because of this, having a lawyer at J. DAVID PEÑA & ASSOCIATES assist in your PERM application is highly recommended.