One of the most critical steps in applying for an employment-based green card is the Permanent Labor Certification (PERM) process. PERM involves obtaining a prevailing wage determination, conducting a detailed recruitment effort to prove no qualified U.S. workers are available, and filing a labor certification application with the U.S.
Department of Labor (DOL). Once approved, the employer can proceed with filing Form I-140 (Immigrant Petition for Alien Worker), a necessary step toward the employee receiving lawful permanent resident status.
PERM certification is not required for EB-1 category applicants (individuals of extraordinary ability), allowing them to bypass this process.
PERM application:
The timing of the PERM application is essential. Delaying the process may risk the expiration of the employee’s visa, potentially forcing them to leave the U.S. before their green card process concludes. This situation can disrupt company operations and strain the employee and their family.
General Guidelines:
- Start the PERM process at least 2 years before the employee’s visa max-out date.
- Due to current backlogs, many employers begin 3 to 3.5 years in advance to ensure sufficient buffer time.
Tip: For H-1B visa holders, initiating PERM before the fifth year of H-1B status may allow extensions beyond the 6-year cap, under AC21 rules.
Risks of Delayed PERM Filing:
Failing to file early can:
- Risk the employee’s visa expiring.
- Require costly Premium Processing for I-140 to avoid lapses in work authorization.
- Lead to family relocation and job disruption.
Employers are encouraged to develop internal policies that trigger green card discussions early in the employment cycle.
PERM Processing Times:
- Prevailing Wage Determination (PWD): 6–8 months
- Recruitment & Preparation: 2–3 months
- PERM Labor Certification (Form ETA-9089): 6–12 months
- Potential Audit: Can add 6+ months
DOL Audit:
A PERM audit is an in-depth review by the DOL to verify recruitment compliance. Audits may be random or triggered by:
- Unusually high wages
- Job requirements exceeding norms
- Family relationship with the employer
Responding to an audit requires employers to submit additional evidence, which can delay approval by several months. Keep meticulous records of all recruitment activities.
Premium Processing Fees:
When PERM is delayed, employers often resort to Premium Processing (currently $2805) during the Form I-140 stage to avoid gaps in status. Filing early eliminates the need for expedited service.
Best Practices for Employers:
- Plan early – Start 2–3.5 years before visa max-out.
- Maintain detailed recruitment documentation to prepare for potential audits.
- Use immigration counsel to avoid technical errors.
- Communicate proactively with foreign employees about timing.
- Monitor DOL and USCIS updates regularly for policy shifts.
Benefits:
- Maintains Employee Status
Ensures foreign workers (especially H-1B holders) avoid visa expiration and maintain lawful U.S. work authorization. - Eligibility for H-1B Extensions Beyond 6 Years
Starting PERM early allows H-1B employees to qualify for extensions under AC21 if PERM or I-140 is pending for 365+ days. - Prevents Work Disruptions
Timely PERM filing avoids unexpected gaps in employment, which can affect business operations and productivity. - Reduces Immigration Processing Stress
Starting early allows for a smoother process with fewer time-sensitive emergencies and rushed filings. - Saves on Premium Processing Fees
Early filing of PERM can eliminate the need for premium processing ($2,805) during the I-140 stage. - Avoids Audit-Related Delays
Starting early gives employers more flexibility in case of a DOL audit, which can delay PERM by several months. - Improves Green Card Approval Timeline
Efficient PERM filing accelerates the overall green card process, especially in high-demand categories (EB-2, EB-3). - Allows Strategic Workforce Planning
HR and legal teams can better plan staffing, immigration budgets, and succession timelines with a predictable PERM strategy. - Increases Retention and Loyalty
Proactively supporting an employee’s green card process builds trust, loyalty, and job satisfaction. - Helps Navigate Backlogs
Processing delays and priority date retrogression can be managed more effectively with early initiation of PERM.
Summary Timeline:
| Stage | Duration |
|---|---|
| Prevailing Wage Request | 6–8 months |
| Recruitment & Ads | 2–3 months |
| PERM Filing & Review | 6–12 months |
| Total (without audit) | ~12–19 months |
| Total (with audit) | ~18–24+ months |
Conclusion:
The PERM process is time-sensitive, paperwork-heavy, and essential for foreign workers seeking permanent residency through employment. By understanding the timeline, mitigating audit risks, and acting early, employers and employees can avoid delays and complications in the green card process.
Frequently Asked Questions:
How is the prevailing wage determined?
The prevailing wage determination (PWD) is issued by the DOL based on job title, location, and duties. It takes around 3 to 4 months and must be obtained before recruitment begins.
What is a PERM audit, and how long does it take?
A PERM audit is a review by the DOL to ensure the employer followed recruitment and wage guidelines. It can add 3 to 7 months to the process.
What is the PERM process?
The PERM (Program Electronic Review Management) process is the first step in obtaining an employment-based green card. It involves the U.S. Department of Labor certifying that no qualified U.S. workers are available for the job being offered to a foreign national.
