The Updated PERM Process: What You Need to Know in 2024

Silicon Valley, CA-based Immigration and Nationality Law Firm Discusses Updates to 2024 PERM Process

Latest changes to the 2024 PERM immigration process and its effects on tech startups

📷 PERM Process

Are you a tech startup looking to hire foreign workers on a permanent basis in the United States? If so, you’re probably familiar with the PERM process. But have you kept up with the recent changes? In this article, we’ll dive deep into the amended PERM process and explore how it specifically impacts tech startups. So buckle up and get ready for some valuable insights!

Role of Immigration Attorneys: The New Year’s Chat

To kick things off, let’s talk about the importance of discussing the PERM process with an immigration attorney. Sophie Alcorn, a Certified Specialist Attorney in Immigration and Nationality Law, highlights the necessity of consulting an immigration attorney to navigate the intricacies of the PERM process. With the ever-changing immigration policies, staying up-to-date and prepared is crucial. So grab a cup of coffee and have a chat with your trusty immigration attorney – they’ll guide you through the process like a GPS in rush hour traffic. 🚘

The PERM Process: A Quick Recap

Before we dive into the updated process, let’s refresh our memory on what the PERM process is all about. The U.S. Department of Labor (DOL) issues a PERM labor certification to employers looking to sponsor foreign workers for green cards. The goal? To safeguard wages for American workers and ensure that they have a fair shot at the job before it goes to a foreign national. Makes sense, right? The PERM process involves a thorough recruitment process, where employers must actively consider U.S. workers before hiring a foreign national. It’s all about leveling the playing field and making sure everyone gets a fair chance!

General Requirements for Employers: Dotting the i’s and Crossing the t’s

Now, let’s get into the nitty-gritty and talk about the general requirements for employers in the PERM process. It’s time to dot those i’s and cross those t’s! Here’s what you need to know:

  1. Obtain a prevailing wage determination: Before you can start the PERM process, you’ll need to get a prevailing wage determination from the DOL. It’s like knowing the price tag before you go shopping – no surprises!

  2. Test the labor market: Show everyone you mean business by advertising the job and recruiting U.S. workers. It’s time to find that perfect match! 💌

  3. Document and evaluate responses: Don’t forget to keep track of all the candidates who apply. Fair and transparent selection procedures are key!

  4. Complete ETA Form 9089: Fill out this form to provide information about job duties, requirements, wages, and your recruitment efforts. It’s like preparing a winning résumé for your company! 📄

  5. Submit the labor certification application: Once you’ve completed ETA Form 9089, it’s time to impress the DOL with your application. Show them why you and your foreign worker are the perfect match!

  6. File Form I-140: After receiving approval from the DOL, it’s time to take the next step and file Form I-140, the Immigrant Petition for Alien Worker, with the USCIS. It’s like sending out wedding invitations – time to celebrate! 🎉

  7. Adjustment of status or consular processing: Once Form I-140 is approved, the foreign worker can proceed with either adjusting their status (Form I-485) or going through consular processing. It’s like getting the green light to officially become a permanent resident!

  8. Attention to detail: Make sure to accurately complete all the forms and provide all the required documents. Remember, even the tiniest mistake can cause delays or complications. You don’t want to be stuck in immigration paperwork purgatory! 🚧

📚 References:

  1. Ask Sophie: What Happened to the International Entrepreneur Parole?
  2. Equity under Australian Startups to Crack the US Market
  3. Tech in Palestine Launches to Provide Tools to Help Support Palestinians
  4. Twitch Attire Policy Update Shuts Down Viral Topless Meta
  5. Biden Administration to Introduce Cybersecurity Requirements for Hospitals

Q&A: Questions You Might Have

Q: Are there any specific changes in the PERM process for tech startups? 🤔

A: Absolutely! The amended PERM process takes into account the unique hiring scenarios and needs of tech startups. It recognizes the importance of attracting top talent from around the world to fuel innovation and drive the tech industry forward.

Q: How often does the PERM process change? I’m worried about keeping up with the latest regulations. 😰

A: Immigration policies are like a roller coaster ride – they can change frequently! That’s why it’s crucial to stay informed and have a trusted immigration attorney by your side. They’ll help you navigate the twists and turns with ease.

Q: What happens if I don’t comply with the PERM process guidelines? 😬

A: Non-compliance can lead to serious consequences, including potential penalties. It’s essential to follow the guidelines to ensure a smooth and compliant hiring process for foreign talent. Remember, it’s better to be safe than sorry!

The Future of PERM: Buckle Up for What’s Coming!

The PERM process is constantly evolving to address the changing needs of both employers and U.S. workers. As the tech industry expands and continues to attract global talent, we can expect further updates and improvements to the process. So buckle up and stay tuned for what’s coming next in the world of PERM!

Did you find this article helpful? Share it with your fellow startup founders and tech enthusiasts. Let’s spread the knowledge and make the PERM process a breeze for everyone! 💪✨


About the Author

Deanna Ritchie

Deanna Ritchie is the Managing Editor at ENBLE. With over 20 years of experience in content management and development, she’s no stranger to the world of technology and startups. Previously the Editor in Chief for Startup Grind, Deanna brings a wealth of knowledge and a touch of humor to her writing. Connect with her on LinkedIn.


Please note that this article is for informational purposes only and should not be taken as legal advice. It’s always recommended to consult with an immigration attorney for personalized guidance.