PERM Labor Certification Process

Understanding how the PERM process is exploited and its impact on U.S. workers

Overview

The PERM Labor Certification process, introduced in 2005 by the Department of Labor (DOL), is a critical step in the employment-based green card process. It is designed to protect U.S. workers by ensuring that employers cannot hire foreign workers unless they demonstrate that:

  • No qualified U.S. workers are available for the job
  • The hiring of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

Recruitment Requirements

Required Recruitment Efforts

  • Placing a job order with the State Workforce Agency (SWA) for 30 days
  • Advertising the job in newspapers of general circulation
  • A 10-day notice posted at the worksite

Additional Options (Choose Three)

  • Posting on the company's website
  • Job fairs
  • College recruitment
  • Using recruitment agencies
  • Employee referral programs
  • Online job boards

Common Exploitation Patterns

PERM Process Exploitation

  • Sham Recruitment Efforts
  • Tailored Job Descriptions
  • Exclusionary Practices
  • Exploiting Prevailing Wage Rules
  • Batching Applications
  • Delaying Recruitment to Avoid Scrutiny

Discrimination Tactics

  • Rejecting Qualified U.S. Workers Without Valid Reasons
  • Making Job Ads Inaccessible or Overly Restrictive
  • Preferring Foreign Workers Over U.S. Workers Despite Qualifications

Big Tech Practices

How major technology companies exploit immigration programs:

  • Mass Visa Filings
  • PERM Recruitment Manipulation
  • Offshoring and Outsourcing
  • Hiring Managers and Diversity Issues
  • Mass Layoffs Paired with Visa Sponsorship
  • Tech-Driven Lobbying Efforts