U.S. employers wishing to sponsor certain foreign nationals for permanent resident status ("green card") must first obtain a labor certification from the United States Department of Labor before hiring the foreign national on a permanent basis. The U.S. Department of Labor will approve a labor certification application when the employer has demonstrated "that there are insufficient qualified U.S. workers available and willing to perform the work at the prevailing wage paid for the occupation." The intent of the labor certification process is to ensure that admitting foreign workers does not adversely affect job opportunities, wages and working conditions for U.S. workers. The Program Electronic Review Management ("PERM") process involves several steps that an employer must follow to establish that "that there are insufficient qualified U.S. workers available and willing to perform the work at the prevailing wage paid for the occupation." These steps include mandatory recruitment efforts where the employer must advertise the position in strict compliance with Department of Labor regulations. The process also involves establishing that the employer will pay the prevailing wage for the position based on the location of intended employment. In filing the PERM application, the employer makes several attestations and must make certain information available to the Department of Labor. The employer must establish that it has put forth a good faith recruitment campaign and that the job requirements (e.g., experience, education, special requirements, etc.) are not specifically tailored to the foreign national's qualifications. Stated simply, the employer must maintain meticulous records regarding each and every step in the PERM process to ensure that all regulatory requirements have been fulfilled and to be able to comply with an audit request, if necessary. Mandatory recruitment efforts include:

• Opening a 30-day job order with the state workforce office.
• Posting a notice of intent to employ a foreign worker internally or with the Union covering the position.
• Placing two Sunday advertisements in a newspaper of general circulation within the area of intended employment.

If the position is considered a "professional" position under the regulations, then three of the following ten recruitment efforts must be undertaken:

• Job fairs
• Employer's Web site
• Job search Web site other than the employer's
• On-campus recruiting
• Trade or professional organizations
• Private employment firms
• Employee referral program with incentives
• Campus placement offices
• Local and ethnic newspapers
• Radio and television advertisements

Once these steps are completed, the PERM application is filed with the U.S. Department of Labor, which will review the application to ensure that all regulatory requirements have been followed. The Department of Labor may also audit the application by requesting extensive documentary evidence to support all information and statements provided in the PERM application. If the PERM application is ultimately certified by the Department of Labor, the employer must file the immigrant visa petition with the U.S. Citizenship and Immigration Services within 180 days of certification; otherwise, the PERM approval becomes null and void.
Visa Types

• EB1(1) - Alien of Extraordinary Ability
• EB1(2) - Outstanding Professors and Researchers
• EB1(3) - Multinational Executives or Managers
• EB2 - Aliens of Exceptional Ability & National Interest Waiver
• EB3 - Professionals and Skilled Workers