by Elizabeth R. Blandon

What is the first step?
Employers can sponsor a foreign worker to work and live in the U.S. However, before submitting the petition to Immigration, the employer usually must obtain a labor certification from the Department of Labor (DOL). This is done to verify the employer’s claim that there are not enough available U.S. workers who are willing, able and qualified to fill the position. The employer must also show that the foreigner will receive at least as great a salary as American workers receive for the same job. The employer submits the application for the employee’s green card after DOL certifies the labor certification application.

What is PERM?
In order to get a labor certification, the employer must comply with the PERM process. PERM is an electronic permanent labor certification program that went into effect in 2005. The process includes registration and then submission of an application for the foreign would-be employee.

Who can complete the online PERM registration?
Employers must complete their own PERM registration in order to obtain a login and password. Attorneys cannot complete the registration process. The Department of Labor will not even discuss the status of PERM registration with an attorney. So, if an employer is wondering why DOL is taking a month to even register their company, only the employer may contact the DOL. Afterward, the employer can add the attorney’s information.

Why can't attorneys register for PERM on behalf of employers?
The federal law and regulations put much of the responsibility for the labor certification process on the employer. In fact, the regulations explicitly prohibit attorney involvement in the attempt to recruit qualified U.S. workers. Therefore, attorneys are prohibited from PERM registration. Although the system allows a separate login for attorneys, it is only used to gain information after the employer submits the application through PERM.

How can employers register?
The employer can set up a profile and register by going online to www.plc.doleta.gov and entering in their information. First, DOL will verify the existence of the employer by checking records of the Department Of State and IRS. Therefore, it is important for the employer to ensure that the registration is done using the company’s correct legal name, Federal Employer ID Number (FEIN) and address as listed on the Articles Of Incorporation. Once the registration is complete and the employer has been verified, DOL will send two e-mails (one with a PIN and the other with the temporary password).

How long does it take to get a PIN/Registration login?
Registration could take anywhere from several days to several weeks depending on processing times at the Dept. of Labor. Resubmitting a registration – as employers sometimes do because they cannot believe it takes so long to register a long-existing company – only delays the registration.