Understanding "Business Necessity" In The PERM Labor Certification Process

For employment-based green card sponsorship, employers must provide the Department of Labor with the education, training, and experience requirements for the offered position, as part of the PERM labor certification process. Employers familiar with this process understand the Department of Labor uses these requirements to determine the "prevailing wage" for the position, which is defined as "the average wage paid to similarly employed workers in a specific occupation in the area of intended employment," and is, ultimately, the minimum wage that the employer can offer for the PERM position.

However, the Department of Labor also analyzes whether these requirements are "normal," which can create an additional hurdle for employers. Under PERM regulations, an employer offering a position to an immigrant worker can only require education, training and experience requirements the Department of Labor considers to be normally required for the occupation. The Department of