U.S. employers seeking to sponsor foreign employees for permanent positions.
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Are you a U.S. employer looking to hire a foreign worker permanently, or a professional seeking employment-based immigration opportunities in the United States? The PERM Labor Certification process is an important step in many employment-based green card cases.
At E-Z Immigration, we provide immigration guidance to help employers and foreign workers understand the PERM labor certification process, recruitment requirements, documentation, and the steps involved in pursuing employment-based permanent residence.
Whether you are an employer sponsoring a qualified foreign employee or a professional exploring your long-term immigration options, understanding the PERM process can help you prepare for the requirements and timelines involved.
PERM Explained
PERM, which stands for Program Electronic Review Management, is the U.S. Department of Labor's process for obtaining labor certification for many employment-based, second-preference (EB-2) and third-preference (EB-3) immigrant visa cases.
The PERM process generally requires an employer to demonstrate that there are not sufficient available, qualified, and willing U.S. workers for the offered position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The employer is responsible for completing the required recruitment activities, documenting the results, and filing the labor certification application with the U.S. Department of Labor (DOL).
An approved PERM labor certification is generally followed by an immigrant petition, usually Form I-140, filed with U.S. Citizenship and Immigration Services (USCIS). The worker may then pursue adjustment of status or consular processing when eligible and when an immigrant visa is available.
Employer-Sponsored Permanent Residence
PERM labor certification is commonly required when a U.S. employer sponsors a foreign worker for permanent residence through certain EB-2 or EB-3 employment-based immigration categories.
It may be relevant to:
U.S. employers seeking to sponsor foreign employees for permanent positions.
Skilled workers with qualifying education or experience.
Professionals seeking employment-based permanent residence.
Eligible workers pursuing certain employment-based green card pathways.
Businesses planning long-term recruitment of international talent.
Not every employment-based green card category requires PERM labor certification. Certain categories, including EB-1 and some EB-2 National Interest Waiver cases, may qualify for exceptions. Eligibility depends on the specific immigration category and circumstances.
Employer and Worker Support
We help employers and foreign workers understand the general requirements for employment-based labor certification. This includes reviewing the proposed permanent position, job requirements, employer circumstances, and the intended employment-based immigration category.
The job opportunity must meet applicable DOL requirements. We help identify the information needed to describe the position accurately, including job duties, minimum education, experience, skills, and other legitimate requirements.
Job requirements should reflect the actual needs of the position and must comply with applicable labor certification rules.
Before filing a PERM application, the employer generally must obtain a prevailing wage determination from the Department of Labor's National Prevailing Wage Center.
We help employers understand the role of prevailing wage determinations, the information needed for the process, and the importance of aligning the offered wage with applicable requirements.
The PERM process generally requires employers to complete specified recruitment steps designed to test the U.S. labor market. Requirements vary depending on whether the position is classified as a professional or nonprofessional occupation.
We provide guidance on understanding the applicable recruitment requirements, organizing recruitment records, and documenting the results of the recruitment process.
The employer generally files ETA Form 9089 electronically through the Department of Labor's Foreign Labor Application Gateway (FLAG) system.
We help employers understand the information and documentation required for the application, including job details, recruitment information, prevailing wage data, and relevant employer and employee information.
The Department of Labor may select a PERM application for an audit and request supporting documentation. Employers must retain required records and respond to audit requests in accordance with applicable deadlines and procedures.
We help employers understand the importance of maintaining complete recruitment records and organizing the documentation that may be required during an audit.
PERM labor certification is generally one stage of a larger employment-based green card process. After certification, the employer typically files Form I-140 with USCIS, provided the applicable requirements are met.
We help employers and foreign workers understand the relationship between PERM certification, the immigrant petition, visa availability, and the next steps toward permanent residence.
From Sponsorship to Permanent Residence
The employer identifies the permanent, full-time position and determines whether PERM labor certification is required for the intended employment-based immigration category.
The employer generally submits the relevant information to the Department of Labor to obtain a prevailing wage determination for the position and intended employment location.
The employer conducts the required recruitment activities to determine whether qualified, available, and willing U.S. workers can fill the position. Recruitment requirements depend on the job's classification and applicable regulations.
After completing the required steps and documenting the recruitment results, the employer submits the PERM labor certification application to the Department of Labor.
If the application is selected for an audit, the employer must provide the requested supporting documentation within the specified timeframe.
If the labor certification is approved, the employer generally files Form I-140, Immigrant Petition for Alien Workers, with USCIS, subject to the applicable filing deadlines and eligibility requirements.
Once the relevant requirements are satisfied and an immigrant visa is available, the foreign worker may be able to apply for adjustment of status in the United States or complete consular processing abroad.
Employer Compliance
Employers sponsoring a foreign worker through PERM must meet several requirements, including:
Offering a qualifying permanent, full-time position.
Obtaining the required prevailing wage determination.
Conducting recruitment in accordance with applicable DOL regulations.
Demonstrating that the position meets the relevant requirements.
Documenting recruitment activities and the lawful consideration of U.S. worker applicants.
Offering at least the applicable prevailing wage and meeting relevant employment conditions.
Maintaining required records and complying with audit procedures.
Meeting applicable filing, retention, and compliance deadlines.
Employers should ensure that recruitment and application information is accurate and that records are retained as required by law.
Processing Timeline
PERM processing times vary depending on the Department of Labor's workload, the prevailing wage determination stage, recruitment requirements, and whether the application is selected for an audit.
The overall employment-based green card process can take considerably longer than the PERM stage alone because it may also involve the I-140 petition, immigrant visa availability, and adjustment of status or consular processing.
Employers and foreign workers should review current official processing information and avoid making employment or travel decisions based solely on estimated timelines.
Post-Approval Steps
Approval of the PERM application does not automatically grant a green card or permanent resident status.
The employer generally must file Form I-140 with USCIS within the applicable filing period. The petition must meet the relevant requirements, including those concerning the offered position, the employer's ability to pay the offered wage, and the worker's qualifications.
After the immigrant petition stage, the worker may proceed with adjustment of status or consular processing when eligible and when an immigrant visa is available under the applicable preference category and priority date.
Employment-Based Pathways
PERM is commonly associated with certain EB-2 and EB-3 employment-based green card cases, but it is not required for every employment-based category.
EB-2 Green Card: Many EB-2 cases require employer-sponsored PERM labor certification, although eligible applicants may qualify for a National Interest Waiver.
EB-3 Green Card: PERM is generally required for employer-sponsored skilled worker and professional cases, subject to the applicable rules.
EB-1 Green Card: These categories generally do not require PERM labor certification.
EB-2 National Interest Waiver: Eligible applicants may request a waiver of the job offer and labor certification requirements.
Choosing the appropriate pathway depends on the worker's qualifications, the employer's needs, and the applicable immigration rules.
Practical PERM Guidance
The PERM process involves detailed recruitment rules, documentation requirements, and coordination between employers and foreign workers. Understanding each stage can help reduce avoidable errors and improve preparation.
E-Z Immigration provides guidance to help clients understand:
PERM eligibility and employer sponsorship requirements.
Prevailing wage determination procedures.
Recruitment and documentation requirements.
ETA Form 9089 filing procedures.
Audit-related documentation and response requirements.
The transition from labor certification to the I-140 petition and green card process.
Our goal is to help employers and foreign workers understand the process and identify the appropriate next steps for their employment-based immigration needs.
Frequently Asked Questions
PERM stands for Program Electronic Review Management. It is the Department of Labor's process for reviewing labor certification applications associated with many employer-sponsored employment-based green card cases.
The U.S. employer generally files the PERM labor certification application on behalf of the foreign worker. The employer must meet the applicable sponsorship, recruitment, wage, and documentation requirements.
No. PERM is generally required for many EB-2 and EB-3 employer-sponsored cases, but certain categories and qualifying situations may be exempt from the labor certification requirement.
Employers must comply with federal rules governing PERM-related expenses. An employer may not seek or receive payment from the foreign worker for costs that the employer is legally required to bear, including qualifying employer business expenses and costs associated with the employer's preparation and filing of the labor certification application. The treatment of specific expenses depends on the applicable rules.
The Department of Labor may request additional supporting documentation relating to the employer, position, recruitment, or application. The employer must respond within the applicable deadline. Failure to provide required evidence may affect the application.
PERM labor certification is generally tied to a specific employer and job opportunity. Changing employers may affect the immigration process and may require a new labor certification and immigrant petition. The appropriate approach depends on the stage of the case and the individual's circumstances.
No. PERM approval is only one stage of the employment-based immigration process. The employer generally must file an I-140 petition, and the worker must meet the applicable requirements for permanent residence.
E-Z Immigration provides immigration guidance to help employers and foreign workers understand PERM requirements, supporting documentation, application procedures, and related employment-based immigration steps. Contact our team to discuss your circumstances and determine the appropriate next steps.
If you are a U.S. employer seeking to sponsor a foreign employee or a professional exploring an employment-based green card, understanding the PERM labor certification process is an important first step.
Contact E-Z Immigration to discuss your employment-based immigration goals, understand the applicable requirements, and prepare for the next stage of your case.
Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Eligibility and immigration outcomes depend on individual circumstances and applicable law.