PERM Labor Certification
Program Electronic Review Management (PERM) | Employment-Based Green Card Process
The PERM Labor Certification is the first step for many foreign nationals and their employers seeking employment-based green cards in the United States. Required for most EB-2 (Advanced Degree/Exceptional Ability) and EB-3 (Skilled Workers/Professionals/Other Workers) categories, PERM ensures that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar roles.
Administered by the U.S. Department of Labor (DOL), the PERM process verifies that there are no able, willing, qualified, and available U.S. workers for the position being offered.
Who Needs PERM Labor Certification?
PERM is required for most employment-based permanent residency (green card) cases in these categories:
✅ EB-2 (Advanced Degree Professionals or Exceptional Ability) — For professionals with an advanced degree or its equivalent, or individuals with exceptional ability in the sciences, arts, or business.
✅ EB-3 (Skilled Workers, Professionals, and Other Workers) — For skilled workers with at least two years of experience, professionals with a bachelor’s degree, or other workers in positions that require less than two years of training or experience.
Note: Some categories, such as EB-1 (Priority Workers), EB-2 National Interest Waiver (NIW), and EB-5 (Investor Visa), do not require a PERM labor certification.
Key PERM Requirements
✅ Genuine Job Offer: The employer must offer a permanent, full-time position to the foreign worker.
✅ Prevailing Wage Determination: The employer must obtain an official prevailing wage determination from the DOL to ensure the wage offered meets or exceeds the average wage for similar positions in the area of employment.
✅ Good Faith Recruitment: The employer must conduct a detailed recruitment process to test the U.S. labor market. This includes advertising the position through multiple channels and interviewing any qualified U.S. applicants.
✅ No Qualified U.S. Worker Available: The employer must prove there were no qualified, willing, and available U.S. workers for the position.
PERM Labor Certification Process
1️⃣ Prevailing Wage Request (PWR)
The employer files a prevailing wage request with the DOL to establish the appropriate wage for the position based on occupation, location, and job requirements.
2️⃣ Recruitment and Advertising
The employer must conduct mandatory recruitment activities, which typically include:
Two Sunday newspaper ads in a major newspaper of general circulation in the area of intended employment
A 30-day job order with the State Workforce Agency (SWA)
Additional recruitment steps for professional positions (e.g., online job boards, campus recruiting, trade journals)
3️⃣ Review and Recruitment Report
The employer must review all applications, interview potentially qualified U.S. workers, and prepare a detailed recruitment report explaining why no U.S. applicants were hired.
4️⃣ File ETA Form 9089
Once recruitment is complete, the employer files ETA Form 9089 electronically with the DOL. The DOL reviews the application to verify compliance.
5️⃣ Certification Decision
If approved, the DOL issues the certified PERM labor certification, valid for 180 days.
Next Steps After PERM
Once PERM is certified:
✅ The employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS.
✅ If the foreign worker’s priority date is current, they may file Form I-485, Application to Register Permanent Residence or Adjust Status (if already in the U.S.), or complete consular processing abroad.
Benefits of PERM Labor Certification
✅ Provides a clear legal pathway for employers to sponsor foreign talent for permanent residency.
✅ Protects U.S. workers by ensuring fair wages and good-faith recruitment.
✅ Opens doors for skilled professionals and their families to secure a green card and build their lives in the United States.
How USCIS Expert Helps
PERM is a complex, time-sensitive process with strict requirements and zero room for error. At USCIS Expert, we:
Advise employers on prevailing wage, recruitment steps, and compliance.
Manage the entire recruitment and documentation process to meet DOL standards.
Prepare and file ETA Form 9089 accurately and on time.
Work closely with employers and foreign nationals to ensure a smooth transition to the I-140 and green card stages.
Build Your Workforce with Confidence
Hiring the best talent shouldn’t be limited by borders. If you’re an employer looking to sponsor a foreign professional — or a skilled worker seeking permanent residency through employment — USCIS Expert is ready to guide you through every step of the PERM labor certification process.
Contact us today to get started with your PERM case and secure your future in the United States.