1. What is PERM?
PERM stands for Program Electronic Review Management, which is a system used by the United States Department of Labor to process employment-based immigration applications.
2. Who is eligible to apply for a PERM application?
Employers who are seeking to sponsor foreign workers for permanent employment in the United States may apply for a PERM application.
3. What is the purpose of the PERM process?
The purpose of the PERM process is to ensure that employers are complying with Department of Labor regulations, and to verify the information provided in the PERM applications.
4. What is the process for filing a PERM application?
Employers must first conduct a recruitment process to try to find qualified US workers for the job. If no, or not enough, US workers are found, the employer can file a PERM application with the Department of Labor, providing information about the job, the foreign worker, and the recruitment process.
5. How long does the PERM process take?
The PERM process typically takes several months, but processing times can vary depending on the number of applications received and other factors.
6. What is a PERM audit?
A PERM audit is a review of the employer’s PERM application by the Department of Labor to ensure that the employer has complied with all regulations and that the information provided in the application is accurate.
7. What triggers a PERM audit?
PERM audits may be triggered by random selection, discrepancies in the application, high-risk industries or countries of origin, employer’s history of non-compliance, or complaints from employees or competitors.
8. What happens if a PERM application is audited?
If a PERM application is audited, the Department of Labor will request additional documentation and information from the employer to verify the information provided in the application.
9. What happens if a PERM application is denied?
If a PERM application is denied, the employer may file an appeal or a request for reconsideration.
10. What happens after a PERM application is approved?
After a PERM application is approved, the employer can proceed with the next steps of the employment-based immigration process, such as filing a I-140 petition with USCIS.