PERM

PERM Labor Certification

PERM: Labor Certification, Green Card

  • One of the most commonly used avenues for obtaining U.S. Permanent Residency (i.e., a "green card") through employment is through the PERM Labor Certification process.
  • In general, this process requires a U.S.
By Editorial Team , 25 September 2007

DOL still accepts some Reduction in Recruitment (RIR) Conversions for traditional LABOR CERTIFICATION cases.

As of October 27, 2006, the Labor Department (DOL) is still accepting conversions of traditional Labor Certification cases (non-PERM) to Reduction in Recruitment (RIR), PROVIDED that the job order has NOT yet been placed for the traditional case. If an RIR conversion is received by DOL with a postmark or express courier shipping date that is prior the date DOL places the job order, DOL will accpet the RIR conversion and cancel the job order.

Of course, petitioners may wish to consider converting the case to PERM instead.

By Editorial Team , 3 January 2007

BALCA rules close relationship between labor certification sponsor and prior employer may disqualify prior experience.

The Board of Alien Labor Certification Appeals (BALCA) ruled (on or about December 7, 2006) that experience gained by the employee, beneficiary, with a prior employer may be disqualified if the sponsoring employer and the prior employer have a close relationship.  The general rule is that experience gained with the sponsoring employer can not be considered, absent special circumstances, as experience to qualify the beneficiary for the job offered in the labor certification.  In this ruling, BALCA has effectively held that experi

By Editorial Team , 22 December 2006

DOL publishes FAQs on RIR Conversion

The Department of Labor published a set of FAQs regarding the RIR Conversion Opportunity, i.e., the "hold harmless" or "safe harbor" recruitment period for converting traditional labor certification cases to Reduction in Recruitment.

PERM

The PERM program (short for Program Electronic Review Management) is the most common avenue for employers to sponsor employees or prospective employees for permanent residence status (i.e., green card status). The U.S. Department of Labor has used this program since March 2005 to decide labor certification applications. In short, it is a procedure in which an employer undertakes a recruitment campaign — under the Labor Department's rules and regulations — to establish that there are no qualified U.S. workers to fill a permanent position that is being offered by the employer.