Is there a labor market test like PERM?

No. The H-1B does not require the labor market test that characterizes PERM, which is used in part of the green card process. Under PERM, the employer must demonstrate that no qualified local workforce is available; under H-1B, that step does not exist.

With H-1B, the focus is on the specialized nature of the position and the qualifications of the professional. The employer must show that the role requires specialized knowledge and that the candidate meets that profile, without conducting a prior public recruitment process.

This does not eliminate the employer’s obligations. The employer must still comply with labor and immigration requirements, including payment of the prevailing wage for the position.

To understand how these rules apply to your situation, consult the official guidelines and, when it makes sense, a trusted immigration professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.