Asian Journal- The Filipino-American Community Newspaper

THERE are many misconceptions about PERM (Program Electronic Review Management process). Some people think that PERM is a special law that gives amnesty to undocumented individuals while some think that it is an application that would enable them to obtain a greencard right away or work or stay legally in the US beyond the period stated in their I-94 cards.

PERM is simply the program that the Department of Labor (DOL) uses after March 28, 2005 to process labor certification applications.

PERM is NOT a special law that gives amnesty to undocumented individuals. It does not legalize anyone’s status in the US If you are already out-of-status at the time you file your application, you will remain out-of-status even if your application gets approved later on.

PERM does NOT give authorization for a foreign national to remain in the US If you are about to become out-of-status at the time you file your application, you will still become out-of-status even if your application gets approved later on.

PERM does NOT grant permission to work. If you do not have a work permit or authorization at the time you file your application, you will not get one simply because your application gets approved later on.

PERM does NOT guarantee permanent residence. Labor certification application is only the first step in obtaining lawful permanent residence status through employment in the US (unless you are exempt from said step, i.e. registered nurses, physical therapists, multinational executives/managers, religious workers, etc.). An approved labor certification application proves that there are no qualified US workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed US workers. If you are out-of-status, you are no longer allowed to adjust to lawful permanent resident (LPR) status in the US through employment unless you are covered by special law that grants LPR status to undocumented individuals (i.e., Section 245(i), Section 245(k), etc.).

Unless you are exempt from the labor certification process, filing a labor certification application under PERM as soon as possible is very important for people who seek to adjust to LPR status through employment in the US

First of all, filing the labor certification application will give you your priority date. Priority date is the date when your labor certification application was filed. The earlier you file your case, the earlier your priority date will be. It is important to know what your priority date is because you will only be allowed to apply for greencard if your priority date is current.