What defines a ‘U.S. Worker’ for PERM applications?

In the landscape of U.S. employment and immigration, particularly under the PERM (Program Electronic Review Management) application process, grasping the definition of a “U.S. worker” is paramount. This guide goes into the specifics defined in 20 CFR § 656, aiming to clarify the term for employers and immigrant workers.

A “U.S. worker,” as per the Department of Labor (DOL), encompasses:

• U.S. Citizens: Individuals born in the U.S. or have become naturalized citizens.
• U.S. Nationals: Persons born in American Samoa or to U.S. citizen parents abroad under certain conditions.
• Permanent Residents: Individuals holding a Green Card, authorized to live and work in the U.S. indefinitely.
• Temporary Residents: Aliens granted temporary residence under specific agricultural programs or the Immigration Reform and Control Act of 1986, sections 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1).
• Refugees: Those unable or unwilling to return to their homeland due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, as per 8 U.S.C. 1157.
• Asylees: Individuals in the U.S. or at a port of entry who have been granted asylum due to persecution fears similar to refugees, according to 8 U.S.C. 1158.

Importance of the U.S. Worker Definition in PERM Applications

Understanding who qualifies as a U.S. worker clarifies the labor market test within the PERM process for U.S. employers and foreign nationals alike. It ensures that job opportunities are first and rightfully extended to U.S. workers, aligning with regulatory requirements.

Conclusion

The intricacies of the PERM process and identifying who is considered a U.S. worker under DOL regulations can be complex. This guide simplifies these definitions, providing clarity for employers and potential immigrant employees and facilitating informed decision-making.

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