PERM Labor Certification 2026 – Complete Guide

By Shanza Thomas

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PERM Labor Certification

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.

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:

ItemCost RangeResponsibility
Attorney fees$2,000–$6,000Employer
Newspaper ads$500 per adEmployer
Online postingsVariesEmployer
Form I-140 (post-PERM)$715Employer

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

  1. 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.

  2. 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.

  3. 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.

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