PERM Foreign Language Requirements

The changes to PERM for obtaining work permits for aliens can be confusing. An immigration lawyer can explain the issues regarding the major differences in standards for filing for permits, attestation, advertising jobs, as well as job duties and wages for aliens under PERM. Below is an example of the new standards for work permits.

Question: Can the employer include a requirement for a foreign language?

Answer: Yes, the employer can include a foreign language requirement if it is justified by business necessity. The regulation requires that a foreign language requirement be justified by business necessity based on the nature of the occupation, e.g., translator, or the need to communicate with a large majority of the employer's customers, contractors, or employees who can not communicate effectively in English. Documentation necessary to establish such a business necessity is noted in § 656.17(h)(2).

Note: Needing to communicate with co-workers or subordinates who can not effectively communicate in English and/or having a working environment where safety considerations would support a foreign language requirement have been added to the ways to justify business necessity for a foreign language requirement.

Note: Business necessity can be established by the employer demonstrating that the job duties and requirements bear a reasonable relationship to the occupation in the context of the employer's business and are essential to perform the job in a reasonable manner.

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