Category: PERM Center

The PERM labor certification process, overseen by the Department of Labor (DOL), requires U.S. employers to prove that there are no available, qualified U.S. workers for a position in which they want to permanently place a foreign worker. In the event a company has layoffs while undergoing PERM for foreign national talent, there are special […]

Recently, several states and localities have passed Equal Pay Transparency (EPT) laws, which could have an impact on the PERM process for employers conducting labor market testing efforts within those states. EPT rules are not uniform and differ by locality, with some not requiring that salary information be part of the published job posting but […]

PERM is a U.S. Department of Labor (DOL) Program, which stands for Program Electronic Review Management. There are three steps in acquiring a PERM labor certification:  During Step 2, sponsoring employers must engage in a series of good faith recruiting steps, meaning they must make a good faith effort to first hire “able, willing, qualified, […]

There are a few different paths to receiving a green card in the U.S. One way in which this can be achieved is through sponsorship by an employer via the 3-step PERM process: Obtain a Certified Permanent Labor Certification (PERM) from the Department of Labor; File a Preference Petition with U.S. Citizenship & Immigration Services […]

Senior Associate Attorney Gabriella Agostinelli discusses when to start the PERM process in the light of current processing delays in the video below. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

Let’s say you run a business in the U.S., and you are interested in bringing your family member to the U.S. by sponsoring an employment-based green card for them. This certainly seems like a clever strategy, but it is very tricky. With that being said, it can be done, but not without extensive preparation. Convincing […]

Corporate changes before, during, and after the PERM process have some difficult requirements to consider, and we’d need to know more about the actual merger/acquisition and restructuring to properly advise. However, there are some ground “rules” and considerations to know in advance when corporate changes are underway. Changes before the PERM is certified/ I-140 is […]

Can a foreign national receive a raise during the PERM process? Yes. However, it’s important to know when the raise will go into effect to determine whether one will encounter any ramifications with the timing of the increase. You should be strategic in advising the sponsoring employer contact as to when the most opportune time […]

As part of the PERM process, an employer must conduct a recruitment campaign prior to filing with the Department of Labor (DOL). Provided the employer can pay the prevailing wage amount, recruitment must be started prior to the prevailing wage expiration date. Required forms for recruitment: Notice of Filing (NOF)/Internal Posting Notice (IPN) Job Order […]

For I-9 purposes, when an employer acquires new employees through a merger or acquisition, the employer has two options for employees who will be continuing with the new organization.  Treatment as “New Hires” The acquiring employer may treat them as new hires and complete new Forms I-9 for all new employees.  If the employer decides […]