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.

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.

After receiving the prevailing wage determination, the employer must conduct a prescribed recruitment campaign. This includes placing job orders with the state workforce agency, posting newspaper advertisements, and conducting additional recruitment steps for professional positions. The 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.

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.