The first step in sponsoring a foreign worker for a U.S. green card is obtaining an approved Labor Certification, commonly known as PERM. This is a highly regulated and often lengthy process in which the employer must define the job and test the U.S. labor market to prove that no qualified U.S. workers are available for the role. In essence, PERM is designed to ensure that hiring a foreign national will not displace U.S. workers who are “able, willing, qualified, and available” for the position.
Because PERM is built on strict technical rules, even small errors can result in denial or force the employer to restart recruitment. In recent years, this process has become even more complex due to the rapid expansion of state and local Equal Pay Transparency (EPT) laws. These laws require employers to disclose salary ranges, and in many jurisdictions, benefits and other forms of compensation, in job advertisements. This creates new compliance challenges for PERM recruitment, which traditionally only required wage disclosure on the Notice of Filing and government forms.
EPT laws regulate job advertising, not just hiring decisions. As a result, PERM recruitment conducted through newspapers, online job boards, and employer websites may be subject to state and local pay transparency rules. These laws vary widely and determine:
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