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)
- Select 3 additional methods, such as:
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:
Item | Cost Range | Responsibility |
---|---|---|
Attorney fees | $2,000–$6,000 | Employer |
Newspaper ads | $500 per ad | Employer |
Online postings | Varies | Employer |
Form I-140 (post-PERM) | $715 | Employer |
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:
Can PERM be expedited?
Currently, there’s no premium processing for PERM. However, the I-140 stage (filed after PERM approval) can be expedited via premium processing.
Who needs PERM certification?
U.S. employers hiring foreign nationals for permanent jobs under EB-2 or EB-3 green card categories typically need PERM certification before filing Form I-140.
What is the PERM labor certification?
PERM (Program Electronic Review Management) is a process managed by the U.S. Department of Labor (DOL) that certifies no qualified U.S. workers are available for a job, allowing employers to hire a foreign worker permanently.