The DOL is proposing new rules for the PERM process, putting employers that sponsor green cards under greater scrutiny.
A green card is the desired permanent resident status for visa holders as it paves the way to citizenship. There are many ways to obtain a green card – through marriage, family, employment, entrepreneurship, etc.
The U.S. Department of Labor plans to reform the PERM process for employers who sponsor green cards for their employees. The U.S. Department of Labor issues a permanent employment certificate after an employee provides sponsorship through the PERM program. The Department of Labor plans to reform this PERM process, which is a test that employers must pass before they can sponsor a foreign worker for a green card.The PERM process has come under significant scrutiny by the government as part of a crackdown on what it sees as violations of the H-1B Specialized Occupation Visa program, Bloomberg reported. The administration has reformed the annual lottery system for awarding visas, and the Department of Labor issued draft regulations to significantly increase the minimum wage for workers in the H-1B program.Since PERM regulations were last updated in 2004, the DOL said it was time to modernize the process with technology.
The proposal would modernize how the agency reviews employers’ PERM requests, focusing on hiring standards for eligible U.S. workers and safeguards for U.S. workers affected by layoffs, according to a regulatory agenda published Friday.
What are the possible changes?
At this point, this is just a proposal that the administration has not published. But officials may reconsider the labor market testing requirements that lie at the center of the research results management process. Possible changes could include stricter documentation standards, expanded hiring obligations, enhanced scrutiny of employers’ recruiting efforts or additional safeguards designed to ensure U.S. workers receive priority before permanent jobs are offered to foreign nationals.
Current perm rules
- Employers ensure that no qualified, willing, and available U.S. worker can fill the position before hiring a foreign national for permanent employment.
- Employers must also demonstrate that hiring a foreign worker will not adversely affect the wages or working conditions of similarly employed U.S. workers.
- To meet these requirements, employers generally complete the hiring process before submitting a PERM application.
- This generally involves obtaining a prevailing wage determination, placing mandatory job advertisements, including two in a Sunday newspaper for most professional positions, posting an internal workplace notice, listing the position with the relevant state workforce agency, and, for professional occupations, conducting at least three additional recruiting steps such as online job advertisements, on-campus recruiting, job fairs or employer websites.
- Employers must review applicants in good faith and document why any U.S. candidate is not qualified.
