Program Electronic Review Management (PERM)

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News: The U.S.A Department of Labor has suspended IT services giant Cognizant’s filings under Program Electronic Review Management (PERM) as authorities investigate alleged fraud and misuse of employment-based immigration programmes.

About Program Electronic Review Management (PERM)

PERM
Source: TOI
  • Program Electronic Review Management (PERM) is the system through which employers generally obtain labour certification before sponsoring a foreign employee for an employment-based Green Card.
    • PERM filing is done by the employer on behalf of the worker.
  • Administered by: It is administered by the U.S. Department of Labor (DOL) for processing permanent labor-certification applications.
  • Intent of the process:  The process is intended to establish that hiring a foreign worker permanently will not adversely affect the job opportunities, wages or working conditions of U.S.A workers.
  • How does it work:
    • Before filing, an employer must obtain a prevailing wage determination for the position and carry out prescribed recruitment.
    • Once the Labour Department certifies the application, the employer can proceed to the next stage of the Green Card process.
    • The date on which the Labour Department accepts the labour certification application also generally becomes the worker’s “priority date”, which is effectively their place in the queue for an employment-based immigrant visa.
    • This is particularly important for workers from countries such as India, where demand for Green Cards far exceeds the number available.

Difference Between H-1B and PERM

  • An H-1B visa is a temporary, non-immigrant work visa that allows U.S.A employers to employ foreign professionals in specialised occupations.
    • PERM is part of the process used by employers to sponsor foreign workers for permanent residency or a Green Card.
  • The H-1B and PERM processes can operate at the same time.
  • Example: An Indian engineer may work for Cognizant in the U.S.A on an H-1B visa while Cognizant separately files a PERM application to sponsor that employee for a Green Card.
  • Note: The suspension of PERM filings does not automatically cancel an employee’s existing H-1B status or an already-issued Green Card.
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