The PERM Labor Certification process serves as the first and most crucial step in obtaining an employment-based green card in the EB-2 or EB-3 visa categories. Its primary purpose is to ensure that employing a foreign worker will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.
From start to finish, the PERM process — beginning with the prevailing wage request and ending with a final decision — typically takes around two years.
While there is no government filing fee for the PERM application itself, the employer must bear all associated expenses, including the recruitment advertising costs and the $715 I-140 petition fee.
The Program Electronic Review Management (PERM) system was officially launched by the U.S. Department of Labor (DOL) on March 28, 2005. Below, the immigration attorneys at Green Card Link explain everything you need to know about the PERM process, including PERM processing times, requirements, recruitment steps, and essential documentation.
What Is PERM Labor Certification?
The PERM Labor Certification is the first stage in most employment-based green card applications. Its goal is to protect U.S. workers by confirming that no qualified, willing, and available American workers are able to fill the position being offered to a foreign national.
To obtain PERM approval, the employer must demonstrate to the Department of Labor that hiring a foreign worker is necessary. This is done through a labor market test showing that U.S. candidates are unavailable or unqualified for the position.
Unlike the EB-1 First Preference Visa, both EB-2 and EB-3 visas require a PERM Labor Certification before submitting the immigrant petition.
However, for EB-2 applicants, the PERM requirement may be waived under a National Interest Waiver (NIW) if it can be shown that the proposed employment serves the national interest of the United States.
PERM Labor Certification Requirements
Before beginning the PERM process, the following eligibility criteria must be met:
- Permanent Job Offer:
The applicant must have a permanent, full-time job offer from a U.S. employer. - Prevailing Wage Compliance:
The offered salary must meet or exceed the prevailing wage determined by the Department of Labor, based on the job’s location, required experience, and duties. - Recruitment Efforts:
The employer must conduct a good-faith recruitment process to test the local job market for qualified U.S. workers.
Although the employer attests to having made reasonable efforts, the DOL may audit the application to verify compliance with recruitment requirements. Employers should therefore maintain detailed records and documentation of all advertising and hiring efforts. - Audit File Maintenance:
The U.S. employer must prepare and retain an audit file containing all evidence of recruitment activities and supporting documentation.
PERM Recruitment Steps
Under PERM regulations, all recruitment activities must be completed within six months before filing the PERM application.
Professional vs. Non-Professional Occupations
Professional positions are those that require at least a bachelor’s degree or its foreign equivalent.
If you are uncertain whether your degree qualifies, consult an immigration attorney at Green Card Link to verify your eligibility.
Mandatory Recruitment Steps for All Positions
- State Workforce Agency (SWA) Job Order:
The employer must post a job order with the State Workforce Agency for 30 consecutive days. - Newspaper Advertisements:
The employer must publish two ads in two consecutive Sunday editions of a newspaper of general circulation in the area of intended employment.
Alternatively, for specialized positions, one Sunday ad can be replaced with an ad in a relevant professional journal.
Note: In rural areas without a Sunday newspaper, the employer may use a weekday edition with the widest circulation in that location.
Additional Recruitment Steps for Professional Occupations
In addition to the mandatory steps above, employers must complete three additional recruitment methods from the following list:
- Job fairs
- Employer’s official website
- Third-party job sites (e.g., Indeed.com, Monster.com)
- On-campus recruiting
- Trade or professional organization listings
- Private employment agencies
- Employee referral programs with incentives
- Campus placement offices
- Local or ethnic newspapers
- Radio or television advertisements
Employers should retain all documentation, including payment receipts and screenshots or proofs of online postings, to respond promptly in case of a DOL audit and avoid potential delays.
Recruitment for Non-Professional Positions
For non-professional roles (positions not requiring a bachelor’s degree), the employer must complete only the two mandatory steps:
- Post a job order with the State Workforce Agency for 30 days; and
- Publish job ads in two consecutive Sunday editions of a local newspaper with wide circulation.
Recruitment must occur no earlier than 180 days and no later than 30 days before filing Form ETA 9089. After recruitment ends, the employer must wait an additional 30 days to allow qualified U.S. workers adequate time to apply before submitting the application.
PERM Labor Certification Documentation Checklist
To prepare a successful PERM Labor Certification, employers must compile and retain the following documentation:
- Local Labor Market Test: Proof that no qualified U.S. workers are available or eligible for the position.
- Approved Prevailing Wage Determination: Issued by the Department of Labor based on job location and duties.
- Job Orders and Newspaper Ads: Copies of postings and publication details.
- Online Job Ads: Screenshots or archived copies of digital listings.
- Audit File: A comprehensive record of all recruitment activities maintained by the employer.
- Form ETA 9089: The completed application submitted to the DOL.
- Immigrant Petition (Form I-140): Filed with U.S. Citizenship and Immigration Services (USCIS) after PERM approval.
PERM Process: Step-by-Step Guide by Immigration Attorneys at Green Card Link
The PERM Labor Certification process is one of the most detailed and essential steps toward obtaining an employment-based green card in the United States. Below is a clear breakdown of the stages involved in securing PERM approval.
Step 1: Prevailing Wage Determination (Form ETA-9141)
The U.S. employer must first submit Form ETA-9141, Application for Prevailing Wage Determination, to the Department of Labor (DOL). This establishes the minimum wage that must be offered for the job position and must be completed before the recruitment phase begins.
Step 2: PERM Recruitment Process
The employer is required to conduct extensive recruitment efforts to test the U.S. labor market. This includes advertising the job position through approved channels and maintaining complete documentation of all recruitment activities. These records must be readily available in case of a DOL audit or inspection.
Step 3: Mandatory 30-Day Waiting Period
After all recruitment activities are completed, a 30-day quiet period is required before the next step can proceed. This ensures adequate time for potential U.S. applicants to respond.
Step 5: DOL Review and Audit
The DOL reviews the submitted application and may choose to audit the case to verify that no qualified, willing, and available U.S. workers were found for the job. If selected for an audit, the employer must provide all requested documentation within 30 days.
Step 6: I-140 Immigrant Petition
After the Labor Certification is approved, the employer must file Form I-140, Immigrant Petition for Alien Worker, with the USCIS before the Labor Certification expires. If the petition is not filed in time, the case may be considered abandoned.
Step 7: Adjustment of Status (Form I-485)
Once the I-140 is approved and a visa number becomes available, the foreign worker may apply for permanent residency by filing Form I-485 with USCIS.
PERM Processing Timeline
The average PERM processing time is approximately 16 months (around 472 days) from the initial filing date. Here’s a general timeline for each stage:
- Prevailing Wage Determination: 5–6 months
- PERM Recruitment & Waiting Period: Minimum of 60 days
- DOL Review of ETA-9089: Up to 16 months
- Audit Response (if applicable): Adds additional time depending on case complexity
Overall, the complete PERM application process—from the prevailing wage request to the DOL decision—typically takes around two years.
Rejecting Applicants: Lawful & Transparent Reporting
Employers must prepare a comprehensive recruitment report documenting each U.S. applicant’s rejection reasons. These reasons must be lawful, objective, and non-discriminatory, as the DOL may review them during an audit.
Random and Targeted PERM Audits
The DOL conducts both targeted and random audits to ensure compliance and prevent misuse of the PERM system.
A targeted audit may be triggered by factors such as:
- Inconsistencies or errors in Form ETA-9089
- Unusually restrictive job requirements
- Evidence suggesting qualified U.S. workers may be available
- Incomplete documentation of recruitment efforts
While random audits cannot be anticipated or avoided, employers can reduce the risk of targeted audits by working closely with immigration attorneys at Green Card Link to ensure every submission is accurate and compliant.
If an audit is issued, employers must respond even if the application has been withdrawn, and the overall processing time may increase significantly.
PERM Costs and Green Card Processing Fees
The Department of Labor does not charge a filing fee for the PERM petition itself. However, employers are responsible for costs associated with recruitment—such as advertising expenses and interview logistics.
Employer-Paid Fees
- Form I-140 filing fee: $715 (paid by employer)
- Optional premium processing fee: Paid by the employer unless the employee requests expedited processing for personal reasons
Employee-Paid Fees
- Adjustment of Status (Form I-485): $1,440 for applicants within the U.S.
- Consular Processing (for applicants abroad): $345
Employers bear all PERM-related costs, including legal fees for the filing and any audit response requirements.
Green Card Link Attorney Fees
At Green Card Link, the immigration attorneys provide transparent and competitive pricing:
- Employer-Sponsored PERM Process: $3,900
- Audit Response (if applicable): Additional $1,000
Relationship Between PERM and I-140
The PERM Labor Certification and Form I-140 are interdependent steps in the green card process. Once the DOL approves the PERM certification, the employer must file the I-140 petition on behalf of the foreign worker.
After approval, USCIS issues an Approval Notice, and once the priority date becomes current, the applicant can move forward with either Adjustment of Status or Consular Processing to obtain a green card.
Understanding the PERM Labor Certification
Many individuals refer to the PERM as a “PERM visa” or “PERM green card,” but in reality, the PERM is not a visa. It is the first step in the employment-based green card process. Once PERM is approved, the employer can then petition for the worker’s immigrant visa.
The waiting time for a visa number varies by employment category and country of origin—from immediate availability to several years. Once a visa number is issued, the applicant can proceed with Form I-485 or consular processing to become a lawful permanent resident.
How the Immigration Attorneys at Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience guiding employers and foreign professionals through the complex PERM Labor Certification process. Their services include:
- Preparing and filing all required documentation within critical deadlines
- Advising employers on recruitment compliance and lawful hiring procedures
- Communicating effectively with both the USCIS and DOL to resolve any case issues
- Crafting detailed and timely audit responses supported by strong legal arguments and documentation
The immigration attorneys at Green Card Link are committed to helping clients achieve successful outcomes through precision, expertise, and dedicated legal advocacy.