PERM Labor Certification
Department of Labor certification that a US employer must obtain before sponsoring an employee for an employment-based green card
Processing
6β18 mo
Agency
DOL
Form
ETA-9089
Overview
PERM (Program Electronic Review Management) is the process by which a US employer obtains a Labor Certification from the Department of Labor (DOL), certifying that there are no qualified, willing, and available US workers for the position being offered to a foreign worker. PERM is the first and most time-consuming step in the EB-2 and EB-3 green card process. Once approved, the employer can file an I-140 immigrant petition to begin the formal green card process.
Eligibility Requirements
Employer must have a genuine, permanent job opening
The position must be a real, full-time, permanent job. It cannot be a temporary or project-based role.
Minimum job requirements must be met
The minimum qualifications listed in the job description must not exceed what is normally required for the position in the US labor market.
Beneficiary must meet the minimum requirements
The foreign worker must meet the minimum education, experience, and skill requirements stated in the PERM application at the time of filing.
Good-faith recruitment effort
The employer must conduct a genuine, documented recruitment process following DOL regulations, using specific advertising methods, before filing.
No qualified US worker applicants
If any US worker who applied and is qualified, willing, and able to take the job, the PERM application cannot be approved.
Application Process
Prevailing wage determination
3β6 monthsThe employer requests a Prevailing Wage Determination (PWD) from the DOL's National Prevailing Wage Center. The PWD establishes the minimum wage that must be offered to the foreign worker.
Conduct DOL-mandated recruitment
60β90 days minimumThe employer must post the job following specific DOL rules: two Sunday newspaper advertisements, a 30-day job order with the State Workforce Agency, and at least 3 additional recruitment steps. The recruitment period must be completed before filing.
Prepare and audit recruitment results
2β4 weeksThe employer documents all applicants, conducts interviews, and justifies rejecting US worker applicants. All documentation must be retained for 5 years.
File ETA Form 9089 with DOL
1β2 days to prepare and fileThe employer submits ETA Form 9089 electronically through the DOL's PERM system. The form contains job requirements, wages, and recruitment details.
Wait for DOL decision
6β18 months (longer if audited)DOL reviews the application. Most cases are decided within 6β18 months. A small percentage are selected for audit, which can add 6β12 months.
Receive certified PERM and file I-140
6β12 months for I-140 (standard), 15 business days (premium)Once PERM is certified, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS to establish the priority date and visa category.
Timeline
PERM takes 12β24 months from prevailing wage determination to I-140 filing. Add 6β12 months if the case is audited. The earlier you start, the earlier your I-140 priority date.