PERM Labor Certification 2026 – Complete Guide

The PERM (Program Electronic Review Management) labor certification is a critical step for U.S. employers who wish to sponsor a foreign national for permanent residency (green card) through an employment-based visa such as the EB-2 or EB-3.

This guide explains the process in detail, ensuring compliance and improving the likelihood of approval.

Introduction:

The PERM program is managed by the U.S. Department of Labor (DOL). Its main goal is to ensure that hiring a foreign national does not negatively affect U.S. workers in terms of wages or job opportunities.

Before submitting Form I-140 to U.S. Citizenship and Immigration Services (USCIS), the employer must obtain PERM approval by filing Form ETA 9089 with the DOL.

Read Also: Green Card Number Demystified – Facts for Permanent Residents

Requirements:

Employers must attest that:

• The job was advertised to U.S. workers fairly.
• The offered wage is at or above the prevailing wage, as determined by the State Workforce Agency (SWA).
• No qualified U.S. workers were available or were lawfully rejected.
• The job is permanent and full-time.
• The position is not related to a strike or labor dispute.
• The employer can pay the offered wage and has not discriminated in hiring.

PERM Process:

Step 1: Request a Prevailing Wage Determination (PWD)

• Submit the request to the DOL via the FLAG system.
• This sets the minimum wage you must offer.

Step 2: Conduct Pre-Filing Recruitment

• Mandatory for all jobs:
  • Place a 30-day job order with SWA.
  • Two Sunday newspaper ads in a major publication.
• Additional for professional positions:
  • Select 3 additional methods, such as:
    • Employer website posting
    • Job fairs
    • University recruiting
    • Job search websites (Indeed, Monster)

Step 3: Give Notice of Filing

• Provide notice to:
  • Union (if applicable)
  • Employees at the worksite
• Must include:
  • Offered wage
  • Employer name and job location
  • Certifying Officer’s contact info

Step 4: File ETA Form 9089

• File online or via mail.
• Keep records of recruitment efforts for 5 years.

Benefits:

• Pathway to a U.S. Green Card
  • A certified PERM application is the first required step for many employment-based green cards (EB-2 and EB-3).
• Legal Work Authorization for Foreign Workers
  • Enables U.S. employers to hire qualified foreign professionals for permanent positions legally.
• No Government Filing Fee
  • The PERM (ETA Form 9089) has no filing fee, making it more accessible compared to other immigration processes.
• Job Security for the Employee
  • Once certified and followed by I-140 approval, foreign workers are on a clear track to lawful permanent residence in the U.S.
• Extended H-1B Visa Validity
  • PERM applicants may qualify for H-1B extensions beyond the 6-year limit under the 365-day rule.
• Retention of International Talent
  • Helps employers retain high-performing employees on temporary visas (e.g., H-1B) by transitioning them to permanent roles.
• Increased Stability for Families
  • Upon green card approval (post-PERM), dependents (spouse and children) can also adjust their status and gain lawful permanent residence.
• Employer Competitive Advantage
  • Companies that sponsor foreign talent through PERM stand out in global recruitment, filling skills gaps in high-demand fields.
• Transparency and Labor Market Protection
  • The process ensures fair wages and no displacement of U.S. workers, maintaining industry standards and labor equity.
• Online Filing and Tracking
  • Employers can submit and monitor PERM applications online via the DOL’s Permanent Online System, improving efficiency.

Information for Form 9089:

• Employer EIN and NAICS code
• Job title, duties, and requirements
• Recruitment dates and sources
• PWD tracking number and wage info
• Foreign worker’s contact and work history

PERM Processing Time

• Standard processing: 6–12 months
• Audit cases: 12–18+ months

Track updates on the DOL processing time site.

PERM-Related Costs:

What Is the PERM 365-Day Rule?

H-1B workers with PERM pending for 365+ days can apply for 1-year H-1B extensions. Conditions:

• PERM pending 365+ days
• Worker still in valid H-1B status
• Extension filed before current status expires

Tips to Avoid Delays:

• Begin the PWD process at least 150 days before intended filing
• Maintain organized records of all recruitment activities
• Use consistent job titles and requirements across all documents
• Consider filing online for faster tracking and updates

After PERM Approval:

• File Form I-140 within 180 days of PERM approval.
• Include signed PERM and supporting evidence.

USCIS will assess whether the foreign worker was qualified at the time the PERM was filed

Frequently Asked Questions: