For many foreign professionals seeking employment-based immigration to the United States, the PERM Labor Certification is a critical step in the process. The Program Electronic Review Management (PERM) system, managed by the U.S. Department of Labor (DOL), is a mandatory step for most employment-based Green Card applications under the EB-2 and EB-3 visa categories.
This guide explains what the PERM process entails, who needs it, how to navigate it, and common challenges faced by new immigrants seeking employment sponsorship in the U.S.
What is PERM Labor Certification?
The PERM (Program Electronic Review Management) Labor Certification is a process through which a U.S. employer must demonstrate that hiring a foreign worker will not negatively impact the job opportunities, wages, and working conditions of U.S. workers.
This certification is required for employers sponsoring foreign employees for Green Cards (permanent residency) under the following employment-based visa categories:
- EB-2 (Advanced Degree Professionals or Exceptional Ability Workers)
- EB-3 (Skilled Workers, Professionals, and Other Workers)
Once the PERM Labor Certification is approved, the employer can proceed with filing an Immigrant Petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
Who Needs the PERM Labor Certification?
PERM is Required For:
✔ Foreign professionals applying for employment-based Green Cards under EB-2 and EB-3 categories.
✔ U.S. employers sponsoring skilled foreign workers when there is no available U.S. worker for the job.
PERM is NOT Required For:
✖ EB-1 Visa Holders (Extraordinary Ability, Outstanding Professors/Researchers, Multinational Executives).
✖ National Interest Waiver (NIW) Applicants (Certain EB-2 professionals can self-petition without PERM).
✖ Certain Religious Workers (EB-4 Visa Holders).
If you are a new immigrant seeking permanent employment in the U.S., understanding how PERM works and how long it takes is crucial to planning your immigration process.
Step-by-Step Process of PERM Labor Certification
The PERM process involves multiple stages, each designed to ensure that foreign workers do not displace qualified U.S. workers. Here’s a step-by-step guide:
Step 1: Employer’s Job Offer and Position Evaluation
Before starting the PERM process, the U.S. employer must define the job role, requirements, and salary:
✔ Job Title and Description: Clear definition of the position, including duties, responsibilities, and required qualifications.
✔ Minimum Job Requirements: The employer must establish the education, skills, and experience needed for the role.
✔ Prevailing Wage Determination (PWD): The employer must pay the standard wage for the job based on industry norms in the job’s location.
The prevailing wage is determined by the DOL’s National Prevailing Wage Center (NPWC). Employers must request the Prevailing Wage Determination (PWD) through the DOL’s FLAG (Foreign Labor Application Gateway) system.
Step 2: Recruitment Process
One of the most crucial parts of the PERM process is proving that no qualified U.S. worker is available for the job. The employer must advertise the job and recruit potential U.S. workers through the following channels:
✔ Mandatory Recruitment Steps (Required for All Jobs):
- Job Posting with the State Workforce Agency (SWA): The employer must post the job with the relevant state’s job board for at least 30 days.
- Two Sunday Newspaper Advertisements: The employer must place job ads in a major newspaper covering the job location.
- Internal Job Posting at the Workplace: The job must be posted at the employer’s location for at least 10 business days.
✔ Additional Recruitment Steps (For Professional Positions – EB-2 and EB-3 Skilled Workers):
The employer must choose at least three additional recruitment methods, such as:
- Posting the job on the company website.
- Using a recruitment agency.
- Posting on job search websites (like Indeed, Monster, etc.).
- Participating in career fairs or college recruitment programs.
The employer must retain all documentation of recruitment efforts, including job applications received and reasons for rejecting U.S. applicants.
Step 3: Employer’s Recruitment Report and Compliance
After the advertising period ends, the employer must review all applications received and prepare a Recruitment Report:
✔ If No Qualified U.S. Worker Applies:
- The employer can proceed with the PERM application.
✔ If Qualified U.S. Workers Apply:
- The employer must show valid, non-discriminatory reasons for rejection, such as:
- Lack of required experience or education.
- Inability to perform essential job functions.
- If a qualified U.S. worker is available, the employer cannot proceed with PERM for that job position.
Step 4: Filing ETA Form 9089 (PERM Labor Certification Application)
Once the recruitment process is complete, and the employer confirms that no qualified U.S. worker was found, they file the PERM application (ETA Form 9089) electronically with the DOL.
✔ Key Information in ETA 9089:
- Job title, description, and location.
- Required qualifications (education, skills, experience).
- Prevailing wage information.
- Recruitment efforts and reasons for rejecting U.S. applicants.
✔ Processing Time for PERM Approval:
- Standard Processing: 6-12 months.
- Audited Cases: 12-18 months (if additional review is required).
If the DOL certifies the PERM application, the employer can proceed to the next step: filing an I-140 Immigrant Petition with USCIS.
What Happens After PERM Approval?
Once the PERM Labor Certification is approved, the U.S. employer must file an I-140 petition with USCIS within 180 days.
✔ Step 1: File Form I-140 (Immigrant Petition for Alien Worker)
- Employer submits proof of PERM certification, job offer, and financial ability to pay the salary.
✔ Step 2: Wait for a Visa Number (Based on Priority Date)
- The priority date is the date when the PERM application was filed.
- For countries with high demand (India, China, etc.), waiting times may be longer.
✔ Step 3: File for Adjustment of Status (Form I-485) or Consular Processing
- If inside the U.S., file Form I-485 (Adjustment of Status).
- If outside the U.S., attend a visa interview at a U.S. consulate.
Once Form I-485 is approved, the foreign worker receives a Green Card, granting permanent residency in the U.S..
Common Challenges in the PERM Process
1. PERM Application Audits
- The DOL randomly selects applications for audit to verify compliance.
- Audits require additional documentation and can delay the process by 6-12 months.
2. PERM Denials
- Applications may be denied due to:
- Insufficient recruitment efforts.
- Incorrect prevailing wage calculations.
- Failure to justify U.S. worker rejections.
- Employers can file an appeal with the Board of Alien Labor Certification Appeals (BALCA).
3. Long Waiting Periods for Visa Availability
- Some applicants, especially from India and China, face visa backlogs due to country-specific quotas.
Conclusion
Navigating the US PERM Labor Certification process requires careful planning, employer cooperation, and strict adherence to regulations. New immigrants seeking employment-based Green Cards must ensure:
✔ Their employer is willing to sponsor them.
✔ The job meets prevailing wage requirements.
✔ The recruitment process follows all DOL regulations.
Understanding the PERM process, potential challenges, and next steps can help foreign workers successfully transition to permanent residency in the U.S..
Zara Adeyemi