PERM Labor Certification
Learn about the permanent labor certification, PERM labor certification steps, and PERM processing time for employment-based immigration.
For those who want to work in the United States and become lawful permanent residents, the process starts long before the actual green card application. The process begins by obtaining a permanent labor certification (PERM) from the U.S. Department of Labor.
A PERM labor certification proves that your U.S. employer has a permanent job opportunity available for you and that hiring you will not negatively affect qualified U.S. workers. This is a technical and time-sensitive part of employment-based , and having the right legal guidance can make a significant difference.
At Lorenzo Law Group, our employment-based immigration lawyers help clients obtain permanent labor certifications. Learn about the factors that affect PERM processing times and other requirements for this immigration pathway.
Table of Contents
Talk To An Immigration Attorney Who Understands Your Story.
What is PERM Labor Certification?
A PERM labor certification, otherwise known as a permanent labor certification, is a document that U.S. employers should obtain before sponsoring a foreign worker for certain employment-based green card categories.
PERM, or Program Electronic Review Management, is the system used by the Department of Labor (DOL) to review these requests.
The goal of a permanent labor certification is to verify that there are not enough able, qualified, willing, and available U.S. workers for the offered position. It also confirms that hiring the foreign applicant will not negatively impact the wages and working conditions of U.S. workers employed in similar positions.
A permanent labor certification is not a green card in and of itself. It’s essentially the first requirement before seeking an employment-based green card. After the Department of Labor approves the application and you wait the full PERM labor certification processing time, your U.S. employer will file Form I-140, Immigrant Petition for Alien Worker, on your behalf to U.S. Citizen and Immigration Services (USCIS).
Who Needs a Permanent Labor Certification?
Many employers that sponsor foreign workers for permanent positions have to go through the permanent labor certification process. This process is often required alongside a prevailing wage determination from DOL before USCIS approves EB-2 and EB-3 cases.
Positions involving professionals with advanced degrees, skilled workers, professionals with bachelor’s degrees, and other qualified permanent jobs may have to go through the permanent labor certification process. However, not all employment-based green cards require certification. Some categories are exempt, including some EB-1 petitions, national interest waivers, and other limited immigration classifications.
Speak With an Immigration Attorney Today
PERM Labor Certification Application Process
U.S. employers have to go through these steps to obtain an approved permanent labor certification:
Step 1: Determining the prevailing wage
Before they can begin recruiting, the company should request a prevailing wage determination from the National Prevailing Wage Center (NPWC) of the Department of Labor. This is the minimum wage that the employer has to offer based on the job scope, requirements, location, and occupation. This step is included to ensure that foreign workers are not hired at rates that undercut U.S. workers and negatively impact their job search. Employers must be prepared to pay at least the required wage after the foreign worker becomes a lawful permanent resident.
Step 2: Conducting U.S. labor market test
Once an employer has received their prevailing wage determination, they can start recruitment to test the U.S. labor market. Recruitment rules depend on whether the position is considered professional or nonprofessional. Depending on the position, recruitment may include state workforce agency job orders, newspaper advertisements, internal filing notices, online job postings, and other steps as required. It’s important to document these efforts to demonstrate that there truly are not qualified U.S. workers applying for the position.
Step 3: Filing the PERM labor certification application
After exhausting recruitment efforts, your U.S. employer can file Form ETA-9089 (Application for Permanent Employment Certification) with the Department of Labor. This form includes information about the employer, the position they are offering, evidence of recruitment efforts, wage requirements, and the foreign worker’s qualifications.
Step 4: DOL Review and Possible Audit
After the employer files Form ETA-9089, the Department of Labor reviews the application for compliance with PERM requirements. The DOL may either proceed with a decision or select the case for an audit. If audited, the employer must provide additional documentation such as recruitment records, job advertisements, and proof that the offered wage meets or exceeds the prevailing wage. The review continues until DOL is satisfied that all regulatory requirements have been met.
Step 5: Await Final Determination from DOL
Once DOL reviews your ETA-9089 application, they will issue a final determination that results in either certification (approval), denial, or withdrawal. If certified, the employer receives the approved ETA Form 9089 of Final Determination through DOL’s electronic system. This certification confirms that no qualified U.S. workers were available for the position and that all PERM requirements were properly satisfied.
Step 6: File Form I-140 with USCIS
After receiving PERM certification, the U.S. employer can proceed to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The employer will submit it alongside the certified ETA-9089 – Final Determination as a key supporting document and establishes the worker’s eligibility for an employment-based green card in the appropriate category (typically EB-2 or EB-3).
PERM Processing Timelines
PERM processing times may vary, based on government workloads, the prevailing wage timeline, recruitment steps, and if the case is selected for audit. Since multiple agencies may be involved, employers and foreign workers should assume that the PERM labor certification processing time will take several months at a minimum.
While a straightforward case may move ahead more quickly, one involving complex job requirements or Department of Labor questions may take significantly longer. That’s why many applicants choose to hire a PERM labor certification attorney to review their application before starting the process.
Obtain a Permanent Labor Certification with Lorenzo Law Group
A PERM labor certification lawyer can guide employees and employers through this complex process. We assist with reviewing job offers, requesting the prevailing wage, planning recruitment, preparing all necessary forms, and responding to audits.
At Lorenzo Law Group, our team of immigration attorneys knows how important it is to get this step right when you are applying for an employment-based green card. We’re here to provide the guidance you need every step of the way. Schedule a consultation with Lorenzo Law Group or call us at 305-707-9306.
