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PERM Applications

Prior to being able to sponsor an employee under EB-2 and EB-3 employment-based immigrant petitions, the employer must first file and receive an approved labor certification through an electronic process, called PERM, through the U.S. Department of Labor (DOL).  The PERM process, although not difficult, will require the employer to work with our Houston PERM Application Attorneys Group and the Houston PERM Lawyers at the Law Offices of Steven Tuan Pham in posting and advertising for the proposed position.  There are five requirements with which the employer has to comply prior to filing the PERM with the DOL.

  1. First, the employer must list the job with the state’s workforce commission for at least 30 days;

  2. An advertisement in a major, local, newspaper for two consecutive Sundays;

  3. Employers need to place a job notice at the place of employment for at least 10 consecutive business days;

  4. The Houston Immigration Attorneys and the Houston PERM Lawyers will assist the employer obtaining prevailing wage determination from the workforce commission (Texas Workforce Commission or TWC).

  5. Finally, the employer must also complete three of the followings:

  • Participating in the recruitment of the proposed opening in a job fair;

  • Posting the position on employer's website;

  • Placing the job at job-search website other than the employer's;

  • On-campus recruiting at local colleges and universities;

  • Recruitment through trade or professional organizations such as placing a posting on their website or media;

  • Use of private employment search firm, head-hunters, or executive search firms;

  • Devise and utilize an employee referral program with incentives;

  • Posting the job opening at a campus career placement office;

  • Advertisement in local and ethnic newspapers (in addition to the posting stated above); or

  • Place radio and television advertisements.

Once all the requisite requirements are met, our Northwest Houston PERM Attorneys and our Northchase PERM Lawyers will prepare the proper documents and submit the PERM application electronically to the DOL. After the application is submitted, depending on the company and order in which the application is received, the DOL will issue its decision. Although rare, the DOL may “audit” the employer by requesting the evidence of compliance. As such, employers should keep records of all postings and advertisements as required. Because the PERM application process is tedious, employers should consult with the Houston PERM Application Lawyers and the West Houston PERM Attorneys at 713-517-6645 prior to filing the PERM.