Program Electronic Review Management (PERM) labor certification generally takes around one to two years to complete, with recruitment requirements and various audit triggers to consider, such as foreign language requirements and unique job requirements.
For assistance completing the PERM labor certification process and minimizing the risk of audits, call Cho Immigration Law at 312-853-3088 to consult with one of our immigration attorneys.
How Long Does the PERM Labor Certification Process Take for Chicago Employers?
According to data from the Department of Labor (DOL), 2024 saw a total of 151,773 PERM applications, with 102,036 approved that year. The overall timeline of the certification process will depend on the multiple steps involved, including:
Prevailing Wage Determination
PERM labor certifications in Chicago start with a prevailing wage request, at which time the employer files Form ETA-9141 to the DOL requesting the minimum wage for the position the employer must fill. This process could take around six to eight months in most cases, but backlogs could make this take even longer.
Recruitment
After determining the prevailing wage for the job, employers can begin recruitment. Throughout this process, the employer must be able to show that no qualified American workers are capable of filling the position when hiring.
Recruitment will take at least 60 days, starting with 30 days to make the mandatory job postings and ending with a 30-day waiting period. However, it can take several months to complete this process in many instances.
Filing Applications
After completing recruitment, the next step will entail filing the PERM application with the DOL via Form ETA-9089. Employers will need to provide all relevant information pertaining to the position, the recruitment process, the business, and the qualifications of the prospective foreign employee.
If there are errors or incomplete information, this could extend the process if it doesn’t lead to a flat denial.
Processing
The processing time will depend on the case’s circumstances. Generally, it takes around eight to 10 months for the DOL to process PERM applications without an audit. Conversely, it can take up to a year to 18 months if the DOL decides to audit the case, which could also result in a rejection.
If the DOL decides to deny your application, you may submit an appeal or request for reconsideration, but this could extend the process by as many as two or more years.
The DOL often experiences backlogs that can lead to delays in processing.
What Are the PERM Recruitment Requirements Employers Must Follow in Chicago?
There are a few key PERM recruitment requirements in Illinois that employers must follow.
First, employers must post three mandatory ads, including a Job Order through the State Workforce Agency, an internal media posting at the employer’s place of business, and two print ad placements in a local Sunday newspaper.
Professional jobs also require three additional steps from a list of the DOL’s 10 approved options, such as online postings, trade journals, and job fairs.
To ensure you’re meeting these recruitment requirements, consider working with an immigration lawyer who has experience handling these cases.
What Triggers a PERM Audit, and How Can Chicago Employers Reduce Risk?
There are multiple triggers that can lead to a DOL audit of your PERM application, which could increase the chances of processing delays or denials.
Some audit triggers include:
- A familial relationship between the employer and the foreign hire
- Unique job requirements, such as the need for a bachelor’s degree without specific experience or a foreign language speaker
- The prospective employee gained experience working for the same employer in another capacity, often through a lower-level position
- The employer has experienced layoffs for the same position within six months of filing the PERM application
- The employer works in the trades or has fewer than 10 employees
- The position appears to be specifically developed for the foreign hire
If you are the subject of an audit, the DOL will begin the auditing process by sending you an audit letter. This letter will likely request additional supporting documentation, such as resumes of American applicants, recruitment reports, and evidence showing that no U.S. worker can meet the needs of the position.
Some audits are conducted at random, making it crucial to do what you can to sufficiently prepare for the entire PERM process by meeting all requirements and avoiding errors when filing your application.
Maintaining accurate documentation will help prevent audits, including records of your recruitment process and other pertinent documents. Staying updated on the latest changes to immigration laws and regulatory requirements can also help you maintain compliance.
Ultimately, working with a Chicago PERM lawyer is one of the best steps to take to mitigate the risk of an audit and keep the PERM process consistently smooth.
Why Hire an Immigration Attorney?
There are many challenges immigrants face, as well as their employers, when seeking a green card through PERM labor certification. Having an experienced green card lawyer by your side could help ensure you meet all necessary requirements and effectively complete the PERM process.
An attorney could walk you through the steps and help confirm that all information is accurate and up to date on Form ETA-9141 prior to submitting. He or she could also help you meet all the recruitment requirements and maintain copies of all critical documents, including interview notes, job postings, and resumes.
If an audit still takes place, the attorney may be able to help you navigate this process smoothly, correcting any errors and supporting your application to avoid a denial.
The right attorneys can also help determine other opportunities for employers to hire foreign workers through employment immigration if you don’t meet the requirements of the PERM labor certification process.
Need some legal assistance with the PERM process or other aspects of employment immigration in Chicago? The experienced legal team at Cho Immigration Law is here to help. Contact us today to get in touch with one of our attorneys and find out how we can assist you in your case.
FAQs
How long does PERM labor certification take for Chicago employers?
PERM labor certification in Chicago typically takes around 12 to 24 months or longer, with the overall amount of time varying largely based on whether audits occur. Audits can significantly delay the process, making it important to avoid audit triggers when possible.
What recruitment steps are required before filing a PERM application in Illinois?
When completing the recruitment process, employers must post a “Notice of Job Opportunity” for 10 consecutive business days at their workplace and within their business’s media, along with a 30-day job order with the State Workforce Agency. In addition, employers must post two printed ads, interview prospective employees based on resumes, and go through at least three more steps from a DOJ-provided list of 10 options.
Why does the Department of Labor audit PERM cases, and what happens if my case is audited?
The DOL might conduct a PERM audit in certain situations, such as when there’s a familial relationship between the employee and the business’s owners or other governing positions, the requirements of the certification differ from those normally needed for the specific type of job, or even at random.
