Permanent Labor Certification is a necessity for most employment-based visa programs in the United States. Obtaining permanent labor certification differs in terms of requirements based on the program. The employer is responsible for filing applications.
However, the employee will profit from knowing the program that is being used on his or her behalf. In general, the DOL seeks to guarantee that foreign employees’ entry to the United States has no negative impact on job prospects, pay, or working conditions for similarly employed American workers. After the DOL has granted a permanent labor certification application, the employer must apply to USCIS for immigration permission.
What is Permanent labor certification?
The Department of Labor (DOL) issues a permanent labor certification that authorizes an employer to appoint a foreign employee to work in the United States on a permanent basis. In most cases, an approved labor certification application from the DOL’s Employment and Training Administration is required before a U.S. business may file an immigration petition U.S. Citizenship and Immigration Services Department.
The Department of Labor must certify to the USCIS that there are insufficient American workers who are able, competent, qualified, and available for the job in the area of intended employment and that the foreign worker’s employment will not have an adverse effect on the wages and working conditions of similarly employed Americans.
Which Visas Require Permanent labor certification?
Most employment-based immigrant visa programs have a foremost requirement for a permanent labor certification. EB-2 and EB-3 visas ask for the employer to get a PERM labor certification prior to filing for a green card. EB-1 visa programs, however, don’t have any such requirement. The PERM labor certification for an EB-2 visa can be waived on the basis of a National Interest Waiver (NIW).
Permanent Labor Certification Requirements
To begin with the PERM process for permanent employment certification, the following requirements need to be filled:
- A permanent job offer from a corporation or employer in the United States is required.
- The salary provided must be equal to or higher than the current DOL rate. The Department of Labor will assess this in the context of the specific work.
- Professional employment requires a degree higher than a bachelor’s degree.
- For capable individuals, the local employment market has been analyzed. This is required to demonstrate that current U.S. employees are unable to satisfy the position’s requirements, meaning that no qualified U.S. citizens are available for the position. If requested, extra documents relevant to recruitment operations must be made accessible.
- Employers are required to produce and maintain an audit file, as well as further verification of recruiting attempts.
- Evidence should be presented that there are no available U.S. workers for the job opportunity being given to the foreign workers. Moreover, it should be proved that employing a foreign worker won’t adversely affect the existing U.S. employees.
Documents Required
Given below is a list of required supporting documentation for the permanent labor certification program:
- Local Labor Market Analysis
- Prevailing Wage Request
- Job Orders
- Newspapers Ad
- Audit File of U.S. employer
- Immigrant petition
- Complete ETA form 9089
PERM Labor Certification Process
The process of obtaining PERM labor certification consists of the following steps:
Step 1: Formulating Job Duties
A job position is created, and a job description is written by the employer. Work titles, responsibilities, needed education and experience, supervision, specified location(s), and other relevant job-specific data should all be included in the job description.
Based on DOL standards and practical business practices, the employer must describe the employment criteria. When accepting the offer, the employee should be able to demonstrate that he meets the employment criteria. Previous work experience and education must be adequately documented. Changes in employment responsibilities, minimum criteria, or location in the future may necessitate restarting the procedure.
The length of this stage is determined by how soon we can get the relevant information from all parties involved. This process might take 2-4 months in total.
Step 2: Prevailing Wage Determination
The employer meets the requirement of prevailing wage determination by seeking the position’s prevailing wage from the DOL. The prevailing wage is the minimal rate that an employer can and will pay an employee, as established by the Department of Labor based on the job description.
Following that, the employer must show that they are able and willing to pay the foreign worker at least the prevailing wage approved by DOL age for that position. To demonstrate a continuous capacity to pay the foreign national employee’s salary, the sponsoring firm may need to present supporting evidence such as a federal income tax return, yearly report, or audited financial statement.
Step 3: Recruitment process
A sponsoring employer must advertise the job after getting the prevailing wage finding to rule out the existence of a U.S. worker for the position. Sponsoring firms are required by DOL requirements to ‘test the U.S. labor market,’ demonstrating that there are no competent and willing U.S. citizens or permanent residents available to fill the positions for which the foreign workers are being employed.
The sponsoring employer must have used a legitimate recruiting method to hire foreign workers. When a competent and willing U.S. employee applies for the job, the sponsoring company must stop the process and wait six months before re-testing the labor market.
Step 4: Form ETA 9089
The last stage in the PERM procedure is to submit the PERM application once the sponsoring employer has met these requirements. Form ETA 9089 is filed. After that, cases will be assessed by expert analysts who will be able to flag a questionable case for PERM audit. When a case is reported for PERM audit, it is checked for discrepancies throughout the recruiting process.
Permanent labor certification issued by the Department of Labor allows the applicant to apply for a green card, and the priority date is shortly assigned.
Within 180 days of PERM approval, the petitioner must file I-140 together with the submission of permanent labor certification (if applicable). Otherwise, once the certification expires, they will have to begin the DOL filing procedure all over again. A Form I-140 will be refused unless USCIS specifies otherwise.
USCIS will examine whether the non-U.S. citizen was suitably qualified for the employment when the PERM application was initially submitted while examining the petitioner’s I-140. The qualifications will differ based on the type of visa the green card applicant is seeking. The EB-2 visa is one of the most prevalent.
Time Taken to obtain a Permanent labor certification
Many factors influence the PERM processing time. The time it takes to approve each stage determines the total processing time for permanent labor certification. PWD step takes around 182 days. The recruitment process takes 30-60 days, and finally, after filing ETA Form 9089, three to four months are required.
The average processing time is of six to twelve months, and it alters with respect to the priority date assigned.
Validity Period
Petitioners have 180 days from the day the DOL approves the permanent labor certification application to submit the permanent labor certification in support of a USCIS petition.
If the labor certification has expired or the petition is filed without the authorized permanent labor certification, USCIS will reject the petition. USCIS dismisses a petition which was approved mistakenly without a proper permanent labor certification.
Labor certification Costs and Processing Fee
While Form 9089 has no filing fee, there are a variety of PERM-related fees. Employers may wish to engage an attorney to prepare all of the documentation and give guidance during the process, for example. Lawyer expenses vary, but employers should budget around $2000 and $6000 at the very least.
The employer will also be responsible for all recruitment costs. This means they’ll have to pay for two different print ads, each of which might cost up to $500. This cost varies based on a variety of criteria, including the newspaper’s readership, the size and color of the advertising, and the news outlet’s location.
Adding to these PERM-related expenses, the employer will be responsible for all USCIS filing fees. The charge for filing Form I-140, which is filed on behalf of a green card recipient by the employer, is $700.
These prices do not include any additional overhead or other miscellaneous fees that may be incurred throughout the recruiting process.
Permanent Labor Certification (PERM) – Frequently Asked Questions
1️⃣ What is Permanent Labor Certification (PERM)?
Permanent Labor Certification (PERM) is a process administered by the U.S. Department of Labor (DOL) that allows a U.S. employer to sponsor a foreign worker for permanent employment.
The DOL must certify that:
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There are no able, willing, qualified, and available U.S. workers for the job
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Hiring the foreign worker will not adversely affect U.S. wages or working conditions
PERM approval is typically required before filing Form I-140 with USCIS for EB-2 and EB-3 green cards.
2️⃣ Which employment-based visas require PERM labor certification?
PERM is generally required for:
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EB-2 (Advanced Degree or Exceptional Ability)
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EB-3 (Skilled Workers and Professionals)
PERM is not required for:
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EB-1 (Extraordinary Ability, Outstanding Professors/Researchers, Multinational Managers)
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EB-2 National Interest Waiver (NIW), if approved
3️⃣ How long does the PERM process take?
Processing times vary based on DOL workload and whether an audit is issued. Typical timelines include:
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Prevailing Wage Determination (PWD): ~6 months
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Recruitment Period: 2–3 months
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ETA Form 9089 Adjudication: 3–4 months
Overall average processing time: 6 to 12 months, not including audit delays.
4️⃣ What is the prevailing wage determination (PWD)?
The Prevailing Wage Determination (PWD) is the wage level set by the Department of Labor based on:
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Job duties
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Work location
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Required education and experience
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Occupational classification
The employer must agree to pay at least the prevailing wage to the sponsored worker.
5️⃣ What is ETA Form 9089?
ETA Form 9089 is the official PERM labor certification application filed electronically through the DOL FLAG system.
It documents:
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Job requirements
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Recruitment efforts
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Worker qualifications
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Employer attestations
After approval, the employer has 180 days to file Form I-140 with USCIS.
6️⃣ What recruitment is required for PERM?
The employer must “test the labor market” by:
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Posting a state workforce agency job order
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Placing two Sunday newspaper advertisements
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Posting internal workplace notices
For professional positions, additional recruitment steps are required (e.g., job search websites, campus recruitment, trade journals).
All recruitment documentation must be retained in an audit file.
7️⃣ What is a PERM audit?
A PERM audit occurs when the DOL requests additional documentation to verify compliance.
Common audit triggers include:
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Unusual job requirements
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Business necessity claims
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Inconsistent wage levels
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Prior layoffs
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Random selection
Audits significantly extend processing times.
8️⃣ Who pays for PERM labor certification?
The employer is legally responsible for:
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All PERM-related costs
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Recruitment advertising expenses
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Attorney fees related to PERM preparation
The employee cannot pay PERM recruitment costs.
9️⃣ What happens after PERM is approved?
After PERM approval:
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The employer files Form I-140 within 180 days
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USCIS reviews qualifications and employer’s ability to pay
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The employee waits for priority date to become current
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Adjustment of Status (Form I-485) or consular processing is filed
If I-140 is not filed within 180 days, PERM expires.
🔟 Can PERM be denied?
Yes. PERM may be denied if:
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Recruitment was not properly conducted
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Documentation is insufficient
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Job requirements are deemed restrictive
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Employer cannot prove ability to pay
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U.S. applicants were improperly rejected
Denial often requires restarting the entire process.
1️⃣1️⃣ Can PERM requirements change after filing?
Yes. If the employer changes:
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Job duties
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Work location
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Minimum requirements
The PERM process may need to restart from the beginning.
1️⃣2️⃣ Is PERM required for all employment-based green cards?
No. PERM is not required for:
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EB-1 categories
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EB-2 National Interest Waiver (if granted)
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Certain special immigrant categories
However, it is mandatory for most EB-2 and EB-3 employer-sponsored cases.
1️⃣3️⃣ What are the typical costs of PERM?
While ETA Form 9089 has no filing fee, costs typically include:
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Recruitment ads: $1,000–$2,000+
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Attorney fees: $2,000–$6,000+
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I-140 filing fee: $700
Additional expenses may apply depending on complexity.
1️⃣4️⃣ What is the 180-day rule in PERM?
Once PERM is approved:
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The employer must file Form I-140 within 180 days
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If not filed within that window, the PERM certification expires
Failure to meet the 180-day deadline requires restarting the process.
1️⃣5️⃣ Why is legal guidance important in PERM cases?
PERM is document-intensive and regulation-driven. Errors can:
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Trigger audits
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Cause denial
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Add 1–2 years of delay
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Require restarting recruitment
Strategic legal planning reduces compliance risks and improves approval probability.
Why Choose Herman Legal Group?
Going through the immigration process alone is never a good idea. In any legal case, having a professional on your side is critical. Attorneys at Herman Legal Group are experienced professionals who have spent years aiding businesses and foreign-born employees in working and living in the U.S. Herman Legal Group is an immigration law firm established in the United States that strives to make all parts of the immigration process as simple as possible for you.
To make an appointment with one of Herman Legal Group’s experienced immigration lawyers, call 1-216-696-6170, or book online. Consultation can be done through WhatsApp, Zoom meetings, Skype, and even in person.
Permanent Labor Certification (PERM) Resource Directory
This directory provides authoritative government sources, official forms, processing data, compliance guidance, and in-depth Herman Legal Group analysis to support employers and foreign professionals navigating the PERM labor certification process.
OFFICIAL U.S. GOVERNMENT RESOURCES
U.S. Department of Labor (DOL)
Permanent Labor Certification Program (PERM) Overview
Explains statutory authority, recruitment standards, prevailing wage rules, and filing procedures.
https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
OFLC Performance Data & Processing Times
Current PERM adjudication timelines and audit statistics.
https://flag.dol.gov/processingtimes
FLAG System (Foreign Labor Application Gateway)
Online system for filing ETA Form 9089 and Prevailing Wage Determinations.
https://flag.dol.gov
Prevailing Wage Determination (PWD) Guidance
Official explanation of wage levels and occupational classifications.
https://flag.dol.gov/programs/prevailingwages
20 C.F.R. Part 656 (PERM Regulations)
Federal regulations governing permanent labor certification.
https://www.ecfr.gov/current/title-20/chapter-V/part-656
U.S. Citizenship and Immigration Services (USCIS)
Form I-140 Immigrant Petition for Alien Worker
Filed after PERM approval within 180 days.
https://www.uscis.gov/i-140
USCIS Policy Manual – Employment-Based Immigration
Authoritative guidance on ability to pay, qualifications, and adjudication standards.
https://www.uscis.gov/policy-manual/volume-6
Visa Bulletin (Priority Dates)
Tracks EB-2 and EB-3 visa availability.
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Department of State
Employment-Based Immigrant Visas Overview
Explains EB-1, EB-2, EB-3, EB-4, and EB-5 categories.
https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
KEY FORMS & COMPLIANCE MATERIALS
• ETA Form 9089 (PERM Application)
• Prevailing Wage Request (Form ETA-9141)
• Form I-140
• Federal income tax return documentation for ability-to-pay evidence
• Recruitment advertising documentation (newspaper ads, job orders, internal postings)
• Audit File retention documentation (required under 20 C.F.R. § 656.10(f))
ACADEMIC & POLICY ANALYSIS
American Immigration Council – Employment-Based Immigration Overview
Economic impact analysis of employer-sponsored green cards.
https://www.americanimmigrationcouncil.org
National Foundation for American Policy (NFAP)
Research on high-skilled immigration and labor market effects.
https://nfap.com
Migration Policy Institute – U.S. Employment Immigration
Policy research and labor market data.
https://www.migrationpolicy.org
These institutions provide empirical context supporting the labor market testing rationale underlying PERM certification.
COMMON PERM AUDIT & DENIAL RISK REFERENCES
• Inadequate recruitment documentation
• Excessive job requirements inconsistent with business necessity
• Failure to demonstrate lawful rejection of U.S. applicants
• Inconsistent job duties between PWD and ETA 9089
• Inability to prove employer’s continuous ability to pay
Employers should review 20 C.F.R. § 656.17 and § 656.10 carefully.
HERMAN LEGAL GROUP – INTERNAL RESOURCES
To strengthen topical authority and internal linking signals, include these related resources:
Employment-Based Green Card Overview
https://www.lawfirm4immigrants.com/employment-based-green-card/
EB-2 Visa Requirements and Process
https://www.lawfirm4immigrants.com/eb-2-visa/
EB-3 Green Card Guide
https://www.lawfirm4immigrants.com/eb-3-visa/
National Interest Waiver (NIW) Explained
https://www.lawfirm4immigrants.com/national-interest-waiver/
I-140 Immigrant Petition Guide
https://www.lawfirm4immigrants.com/i-140-immigrant-petition/
Visa Bulletin Monthly Analysis
https://www.lawfirm4immigrants.com/visa-bulletin/
Employment Immigration for Employers
https://www.lawfirm4immigrants.com/employment-immigration/
