5 min read

Dec 29, 2020

December 29, 2020

The Permchecker Process Explained

Tracking your PERM status is an essential part of the visa process, don't miss out on the fundamentals!

Working in the United States is possible. But, before you get started on your future job search it’s important to understand the logistics behind establishing your ability to work legally in the United States. As you would imagine, there’s a number of steps that both you and your future employer must take in order for you to establish your ability to work legally in the United States. The Permchecker process is key to your ability to work legally and it’s important for you to understand how this process actually works.

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What is PERM?

PERM stands for the following: Program Electronic Review Management.

What is a Permchecker?

The PermCheck is the behind the scenes process that your future employer files in order to establish your pre-eligibility to work for their organization. A Permchecker allows you to track your PERM status.

Basically, this step has to be taken before an eligible future employee can make their request for permission to work in the US with a future employer. Typically, the EB-3 visa falls within the category needing to use this process.

  • EB-3 Visa Is used to hire qualified foreign nationals who possess professional skills that cannot be found in US born workers. If you’re a skilled worker with at least 2 years of work related experience with an offer for full-time employment then you would be eligible for the EB-3 visa.

Best Permcheckers 2021

The following websites are the best places to track your permchecker.

Visas that don’t require the PermChecker process

While this below visa and alien class may not require the PermChecker process the individual still is subjected to a rigorous review of their stated credentials in order to prove eligibility for that specific visa.

  • EB-1 Visa-If you’re eligible for the EB-1 visa be proud! This visa class is referred to often as the visa for individuals of “exceptional” or “extraordinary” ability.  This visa has often been called the “Einstein Visa” Individuals in this visa class may be well known athletes, artists, highly placed professionals in large business organizations.
  • EB-2 Visa is used to hire exceptional individuals with a high level of exceptional professional achievements. These individuals also have a well-established career with a minimum of 10 years of professional experience in their field. The EB-2 visa is also referred to as the National Interest Waiver (NIW)

The PERM Process

Now that we’ve established which visas do and don’t require the PermChecker process, it’s important to understand the steps that a business must take in order to help employees eventually receive their visas. It’s important for international employees to consider that each step may vary in processing and to factor the variations in processing times in their planning. Basically, you’re going to have to be patient as you work your way through this process.

  • Step #1 Create a job posting. The posting must provide all of the details that one would expect. Those details would include the full scope of work, skills and credentials required to be eligible for the role and any other details needed to hire a new employee.
  • Step #2 The Prevailing Wage Determination request must be made.This determination protects the employee from being underpaid for their scope of work. The purpose of this part of the process is to make sure that professionals are being fairly compensated at a minimum base wage. Factors such as the skills needed, the region where the job is located, and the role that the employee will take within the organization.
  • Step #3 The Recruitment Process-Before international employees can be recruited into a role, it first must be clear that no US based employees weren’t suitable for the role. Basically, organizations must go through an in-country recruitment process first. This U.S. focused recruitment process should last at least a minimum of 30 days.
  • Step #4 File the ETA 9089 Form or Application for Permanent Employment Certification. The Department of Labor will then process the PermChecker request.

If you’re a little confused by the process, we totally understand. However, this is the general framework for what to expect when considering working with a US based employer. Here are some final issues that you do need to be aware of.

Each application varies in terms of length of time to adjudicate your request. Occasionally, applications may be audited and applicants and the organization they are hoping to work for may need to provide additional information in order to complete their request.

Some applications may end up being rejected. You may appeal that decision. In order to avoid this type of outcome it’s important to research some of the common mistakes applicants make when starting the PermChecker process.

Little things such as not following the stated guidelines for advertising the position, not replying to emails from the Department of Labor could increase your chances of a denial or an audit of your application.

Ideally your company will have consulted with an immigration lawyer to work through some of the more confusing aspects of this process. For those of you reading this post because you’ve been offered a work opportunity, congratulations and good luck!

Michelle Jackson
With 10+ years of experience working in the immigration and personal finance space, Michelle has written for leading publications like Business Insider and Vice.

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