Sorting through PERM Confusion – Prevailing Wage vs. PERM 9089 Registration/Application
The PERM Labor Certification is the first step for most employment based sponsored Green Cards in the Employment Based Category 3, (EB-3) where a U.S. employer permanently sponsors a foreign national. PERM is basically a market test to determine if there are any U.S. workers qualified, ready and available for a position. This fact must be established before the employer can be certified to recruit and employ workers from abroad.
The process begins with getting a Prevailing Wage from the U.S. Department of Labor (“DOL”). It is often confused with the employer registering to submit a PERM 9089 application with DOL.
The Prevailing wage is filed on the DOL’s FLAG website. The position and respective wage must be approved by the U.S. government. The U.S. employer must pay 100% of the wage approved by DOL.
In contrast, PERM 9089 is filed on a different website. The instructions are found at: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/PERM_Webinar_Business_Existence_Registration-08.22.18.pdf . The employer must directly register on this website. Then the employer can create a sub-account for his or her attorney who will go in and draft/file the PERM on the U.S. company’s behalf.
The entire process of U.S. employment-based sponsorship for employees seeking U.S. permanent resident status is complex and requires an experienced U.S. immigration attorney who is a member of the American Immigration Lawyer’s Association (“AILA”). Our lawyers have been members of AILA for over 20 years. You may contact us today for an initial consultation by emailing firstname.lastname@example.org or call us at our central line at (703)829-5881.
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