Are you navigating the intricate process of sponsoring foreign workers for permanent positions in the United States? Understanding the nuances of the Program Electronic Review Management (PERM) process, particularly the Single-Source Rule, can significantly streamline your efforts and enhance efficiency. MotaWord’s Academic Evaluation Services can provide the necessary academic evaluations required for PERM applications, ensuring compliance with regulatory standards and expediting the overall process. With our fast turnaround times and expertise in evaluating foreign educational credentials, we can help you meet the stringent requirements of the PERM process with confidence. Partner with MotaWord today to simplify the complexities of PERM sponsorship and facilitate the successful hiring of foreign talent for your organization's permanent positions in the United States.
What Is the Permanent Labor Certification (PERM) Process?
PERM, or Permanent Labor Certification, is a key step in hiring foreign workers for permanent roles in the U.S., overseen by the Department of Labor (DOL). Its aim is to ensure that foreign hiring doesn't harm U.S. job opportunities or wages. Employers must show they've searched for qualified U.S. workers, filing an application with evidence of their efforts. If approved, they can move forward with the immigration process, potentially filing a petition with USCIS for the foreign worker. USCIS relies on the regulations and guidelines set forth by the DOL for the PERM process.
The Employment and Training Administration, an agency within the DOL, oversees various labor-related programs and initiatives, including the PERM process.In relation to the PERM process, ETA plays a central role in administering the labor certification program. Specifically, it manages the Program Electronic Review Management (PERM) system, which is an electronic system used by employers to submit labor certification applications for certain employment-based immigrant visa categories.
How Long Is Permanent Labor Certification Processing Time?
The processing time for a permanent labor certification application varies but typically ranges from several months to over a year. It involves conducting recruitment efforts, submitting the PERM application to the DOL, and awaiting adjudication. The DOL's review process can take several months, influenced by workload and application complexity. Despite potential delays, PERM remains a crucial step for employers sponsoring foreign workers for permanent roles in the United States.
Which Forms and Documents do I Need for PERM?
An application for permanent labor certification should include: - ETA Form 9089: This is the Application for Permanent Employment Certification. It is the main form submitted by employers seeking to sponsor foreign workers for permanent positions. - Prevailing Wage Determination Request: Before filing the PERM application, employers must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) to ensure that the offered wage meets or exceeds the prevailing wage for the occupation in the intended area of employment. - Recruitment Report: Employers must document their recruitment efforts to demonstrate that they have actively sought to fill the position with qualified U.S. workers before considering foreign workers. The recruitment report details the job posting and advertising methods used to attract applicants. - Supporting Documentation: Additional supporting documents may be required, such as job descriptions, educational requirements, an academic evaluation from a reputable credentials evaluation company, and evidence of the employer's ability to pay the offered wage.
Why Do I Need an Academic Evaluation for PERM?
An academic evaluation is often required for PERM applications when the foreign worker's educational qualifications need to be assessed for equivalence to U.S. educational standards. This evaluation helps demonstrate to the DOL that the foreign worker meets the educational requirements specified for the job position by providing an objective assessment of their educational credentials, ensuring that they meet the standards required for the position being sponsored. Per regulations from DOL, Academic Evaluations for PERM must be single-sourced
The Single-Source Rule Unveiled
The DOL, in its PERM regulations, allows petitioners to submit a "single source of documentation" as evidence of the foreign worker's educational qualifications, focusing on the credentials directly relevant to the job requirements. In the realm of PERM, the Single-Source Rule revolutionizes the submission of documentation related to a foreign worker's education, empowering employers to submit only the specific educational credentials required for the job opportunity, bypassing the need for an exhaustive set of documents.
Under the Single-Source Rule, employers gain the flexibility to selectively submit educational documents directly relevant to the job opportunity. This typically involves providing the highest level of education that is a bona fide occupational qualification for the position. The Single-Source Rule simplifies the documentation process by allowing employers to trim down the number of educational records submitted. Only the credentials directly related to the job requirements need to be provided, easing the burden on employers and simplifying the academic evaluation process.
Who Needs to Worry About the Single-Source Rule?
Applicants who may need to consider the Single-Source Rule include:
- Employment-Based Green Card Applicants: Individuals seeking permanent residency in the U.S. through employment-based immigration often go through the PERM process. This includes categories such as EB-2 (Employment-Based Second Preference) and EB-3 (Employment-Based Third Preference).
- H-1B Visa Holders Transitioning to Permanent Residency: H-1B visa holders, who are skilled workers employed in specialty occupations, may pursue permanent residency through the PERM process. The Single-Source Rule could be relevant when submitting educational documentation for this transition.
- Employer-Sponsored Visa Applicants: Individuals sponsored by employers for green cards, typically in professional or skilled positions, need to comply with the Single-Source Rule during the PERM process.
MotaWord recommends consulting legal experts for clarification on whether the single-source rule applies to your case.
What Does the Single-Source Rule Mean for Academic Evaluations for PERM?
The single-source rule means that the degree equivalency must come from a single diploma. In other words, the degree equivalency cannot be a combination of diplomas or experience. This means that academic evaluations for PERM should only evaluate a single degree and that degree should be equivalent to a US degree on its own, without any additional documentation.
Selecting the right degree to single-source can be a challenge. For instance, a four-year Bachelor of Technology degree from India is equivalent to a Bachelor of Science based on the single source of the Bachelor of Technology diploma. However, a candidate holding a three-year Bachelor of Computer Applications and three-year Master of Computer Applications has to decide which diploma should be used in a single-source evaluation. In this scenario, the Bachelor of Computer Applications is not equivalent to a US degree on its own, while the Master of Computer Applications is equivalent to a Master of Applied Computer Science in a single-source evaluation.
Have a question about which degree you should single-source? Our expert evaluator can lay out the single-source options available for your degrees. Chat with us to find out more!
Why Choose MotaWord for PERM Evaluations? MotaWord specializes in providing expert evaluations that align with the Single-Source Rule and adhere to the highest international standards.
- Precision and Expertise: Our evaluators are well-versed in navigating the intricacies of the Single-Source Rule, ensuring precise and tailored evaluations for your specific needs.
- Comprehensive Support: Whether you need assistance with selective document submission or understanding specific equivalencies, MotaWord's support team is here to guide you through the process.
- Fast and Reliable Service: We promise a swift turnaround, delivering evaluations within three days of ordering for only $65. Need it even sooner? Opt for our same-day delivery option for orders before 3 pm ET at just $115.
Streamline Your PERM Process with MotaWord
In conclusion, understanding and leveraging the Single-Source Rule can significantly enhance the efficiency of your PERM process. With MotaWord's expertise in academic evaluations, you can navigate the complexities of the PERM process seamlessly, ensuring compliance with regulations and timely submission of accurate documentation.
Are you ready to elevate your PERM experience? Partner with MotaWord today for precision, efficiency, and reliability in every evaluation.