The Department of Labor's PERM online filing system remains operational for employers seeking to obtain permanent labor certification for foreign workers. This system is essential for most employment-based green card applications, particularly EB-2 and EB-3 categories, where employers must demonstrate that no qualified U.S. workers are available for the position.
The PERM process directly affects thousands of foreign workers currently on H-1B, L-1, O-1, and other temporary work visas who are seeking permanent residency. Employers must complete the labor certification process before filing Form I-140 immigrant petitions, making the DOL system a critical gateway in the employment-based immigration pathway.
Employers should ensure they are familiar with current PERM requirements, including prevailing wage determinations, recruitment obligations, and documentation standards. Given processing times that can extend 12-18 months or longer, early planning is essential for maintaining employees' legal status during the green card process.
The continued availability of online filing provides efficiency benefits, but employers must still navigate complex regulatory requirements. Legal counsel can help ensure compliance with recruitment procedures, proper job descriptions, and timely responses to any DOL audits or requests for additional information that may arise during the certification process.