PERM Labor Certification

PERM (Program Electronic Review Management) is the process by which an employer obtains a labor certification from the U.S. Department of Labor. The certification establishes that there are no qualified, willing, and available U.S. workers for the offered position at the prevailing wage. PERM certification is required for most EB-2 and EB-3 employment-based green card petitions.

The PERM process involves several distinct phases: prevailing wage determination, recruitment and advertising, a mandatory waiting period, and the filing and adjudication of the labor certification application.

For many employer-sponsored green card cases, PERM is the step that connects a permanent job offer to an eventual I-140 immigrant petition. The labor certification confirms the employer has tested the U.S. labor market for the offered role before moving forward with the employment-based green card process. The date the PERM application is filed with DOL generally establishes the priority date for the I-140 petition, which determines the applicant's place in the green card queue — making early filing strategically important, particularly for applicants from countries with priority date backlogs.

Because PERM is position-specific, early planning matters. Job duties, minimum requirements, worksite location, wage level, recruitment strategy, and long-term sponsorship goals should be evaluated together before the employer begins the process.

The process begins with a prevailing wage request to the Department of Labor, which determines the minimum wage the employer must offer for the position. The prevailing wage is based on the occupation, location, and minimum requirements of the job.

The prevailing wage determination affects recruitment timing and the salary obligation for the sponsored position. If the wage comes back higher than expected, the employer may need to evaluate whether to accept the determination, request reconsideration, or revisit the position requirements before moving forward.

After receiving the prevailing wage determination, the employer must conduct a prescribed recruitment campaign. Standard steps include a job order with the state workforce agency, two Sunday newspaper advertisements, and an internal job posting. For professional positions — those requiring a bachelor's degree or higher — DOL regulations require three additional recruitment steps selected from a prescribed list, such as job fairs, campus recruiting, or professional organization listings. All recruitment must be completed within specific timeframes and documented thoroughly.

Following the recruitment phase, there is a mandatory 30-day waiting period before the PERM application can be filed. If the recruitment did not yield any qualified U.S. applicants, the employer files the ETA Form 9089 electronically with the Department of Labor.

Employers should maintain an audit file documenting recruitment, applicant review, job requirements, the prevailing wage, and the business reasons supporting the filing. A complete audit file is important because the Department of Labor can request supporting documentation after filing.

PERM processing times are subject to change and have varied significantly over the years. Current processing times are extended, and early planning is strongly recommended. Applications may be selected for audit by the Department of Labor, which requires submission of the complete recruitment documentation and can add several months to the timeline.

Processing times are estimates and subject to change. For current estimated timelines, consult during your consultation.

The employer bears significant obligations throughout the PERM process. The employer must pay the offered wage (at or above the prevailing wage), cannot require the foreign worker to reimburse PERM-related costs, must maintain a genuine full-time permanent position, and must conduct recruitment in good faith.

The job requirements in the PERM application must reflect the actual minimum requirements for the position — they cannot be tailored to the qualifications of the sponsored worker. Additionally, the employer must be able to demonstrate the financial ability to pay the offered wage from the time the PERM application is filed.

Bellevue and Eastside employers often use PERM to retain experienced international employees beyond temporary work visa limits. For technology, data, product, and business roles, the position description and minimum requirements should be developed with both business needs and Department of Labor rules in mind.

Attorney Luna works with employers to evaluate timing, wage issues, recruitment requirements, and the connection between PERM, the I-140 petition, and the employee's longer-term green card strategy.