Glossary > Employment Law > Immigration And Work Authorization > Employer Responsibilities For Immigrant Workers

PERM Process

The PERM Process, or Program Electronic Review Management Process, is a crucial step in the employment-based immigration system in the United States. It involves a complex application process where an employer seeks approval from the Department of Labor (DOL) to hire a foreign worker for a permanent position.

Example #1

An employer in the U.S. wants to hire a talented software engineer from another country for a permanent role. They initiate the PERM Process by demonstrating that there are no qualified local candidates available for the job.

Example #2

A hospital needs to fill a long-term nursing position and decides to sponsor a nurse from abroad through the PERM Process to meet their staffing needs.

Misuse

Misusing the PERM Process can occur when an employer falsely claims there are no qualified domestic workers available to fill a position just to hire a foreign worker at potentially lower wages. This practice undermines the protection of domestic workers' rights, fair employment practices, and creates unfair advantage for employers.

Benefits

The benefit of the PERM Process is that it ensures that the hiring of foreign workers only occurs when there are legitimate labor shortages in the U.S. By requiring employers to demonstrate the unavailability of qualified American workers, the process protects local employees and ensures fair opportunities for all.

Conclusion

In aligning with CAP's mission to promote fairness, transparency, and consumer empowerment, it's crucial to understand the PERM Process within the context of protecting the rights of both immigrant workers and domestic employees. Upholding integrity in this process is vital to maintaining a level playing field in the labor market.

Last Modified: 4/30/2024