Immigrant Employment-Based Program Electronic Review Management Process (PERM)
Who Gets It?
PERM visas are granted to individuals whose employers have classified a particular job position as one for which no one in the United States is qualified or available to perform. This is a common method to attain an employment-based green card.
What the USCIS Wants to See?
The USCIS requires documentation and a written explanation that the employer recruited for the position internally and publicly, that the employer has a federal and state tax identification number and has sufficient funds to pay the offered wage, and, that the position is professional in nature. The following is a list of some of the requirements for approval.
  1. Submissions must establish that the employer advertised widely for the position but was unable to find someone qualified or available to perform the proffered position.
  2. Submissions must establish that employer sought professional workers for the position by demonstrating that they advertised in professional or specialized work platforms.
  3. Submissions must establish that the employer has sufficient funds to pay the minimum required wage for the position under Department of Labor (DOL) specifications.
What the USCIS/DOL Does Not Want to See?
The USCIS/DOL will call into question a PERM based on a number of factors. These are the issues that have been raised in the past. Be aware that either entity can take issue with just about anything, so this list is nowhere near complete.
  1. Evidence that there is a need to audit the employer. An audit is usually limited to additional information to establish that the company is a legitimate United States business entity.
  2. Evidence that the employer did not take great effort to recruit within the United States for the position offered.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.