What To File, Time Frames, and Registration for PERM

An immigration lawyer can be consulted to explain the new changes to work permits under PERM.

Question: When is PERM effective and must the employer wait until the effective date to begin recruitment?

Answer: PERM is effective March 28, 2005, and will apply to all applications filed on or after the effective date.

Answer: If all applicable provisions including timeframes of the regulation have been satisfied, an application may be filed under the PERM regulation on or after the effective date. Required timeframe provisions include, among others: that recruitment be conducted at least 30 days, but no more than 180 days, prior to filing under § 656.17; that filing must be within 18 months after selection under § 656.18; and that notice of filing be provided between 30 and 180 days prior to filing under § 656.10.

Question: Can an attorney, agent or law firm register to use the Permanent On-line System?

Answer: No, only an employee or owner of the employer entity may register to use the Permanent On-line System because employers must make the attestations required for the permanent application process and a PIN will only be assigned to an employer. An individual must submit the registration with actual hiring authority for the employer. The individual listed under the "Employer Contact Information" section of the registration page must be the individual with actual hiring authority for the employer and cannot be the attorney or agent. During the registration process, the employer may create sub-accounts for attorneys or agents. We will cancel or deny registrations submitted by non-employers. Submission of a permanent labor certification application using a PIN assigned to a non-employer will be grounds for denial or revocation of a permanent labor certification.

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