In order to file a PERM application, the employer must obtain a Prevailing Wage Determination (PWD). In addition, the employer must test the U.S. labor market through various recruitment methods for able, willing, qualified, and available U.S. workers. If no such U.S. worker is found through good faith recruitment, the employer can file a PERM application on behalf of the beneficiary.

Generally, the employer has 2 options when deciding when to begin the recruitment process.  The employer can begin advertising (1) while the PWD application is pending or (2) after the PWD is issued. Each option has its advantages and disadvantages.

Advantages of Advertising While the PWD Application Is Pending

• The PERM process can be sped up by 60 days. Saving 60 days can make a big difference depending on how quickly the PERM application needs to be filed.

Disadvantages of Advertising While the PWD Application Is Pending

• If the employer does not wish to continue with the green card process, resources would have been used on advertising.
• If the PWD is issued incorrectly and re-filing the PWD application or submitting a Request for Reconsideration is required, resources would have been used on advertising.
• If the PWD is higher than the wage listed on the advertisements, then the employer would have to re-post the advertisements with the higher wage.
• If the PWD is lower than the wage listed on the advertisements, then the employer would have to pay the higher wage originally listed on the advertisements if they do not want to re-post the advertisements.

Advantages of Advertising After the PWD Is Issued

• If the employer does not wish to continue with the green card process, no resources would have been used on advertising.
• If the PWD is issued incorrectly and re-filing the PWD application or submitting a Request for Reconsideration is required, no resources would have been used on advertising.
• The PWD will remain valid after its expiration date if all advertisements are started after the PWD is issued and at least one advertisement is started before the PWD expires.

Disadvantages of Advertising After the PWD Is Issued

• 60 days are added to the PERM process. 60 days lost can make a big difference depending on how quickly the PERM application needs to be filed.

Because the PERM process can be tricky to navigate, it is always best to contact a qualified immigration attorney to help come up with the proper solution for each individual case.

By: Camille Joson

Camille Joson is a Senior Associate Attorney in the firm’s PERM Labor Certification Department, where she assists clients in the beginning stages of the green card process.