PERM Labor Certification

Program Electronic Review Management (PERM) is a labor certification process in which an employer demonstrates that there are no qualified U.S. workers available for the position.

Why PERM Is Required

PERM is the first step toward obtaining a green card through an employer under the EB-2 and EB-3 categories (unless you are filing through the NIW).

Process Steps

1. Prevailing wage determination (DOL)
2. Conducting recruitment
3. Filing Form ETA-9089
4. Awaiting approval (or audit)

Before filing PERM, the employer must determine the minimum required wage and conduct a recruitment campaign.

Prevailing Wage Determination

A request is submitted to the National Prevailing Wage Center. The DOL determines the minimum wage for the position in the relevant geographic area. Processing typically takes 4–8 months.

Recruitment

The employer is required to conduct recruitment efforts in order to find a qualified U.S. worker:

• Posting with the State Workforce Agency (30 days)
• 2 advertisements in a Sunday newspaper
• Job posting on the company website (30 days)
• For professional positions — 3 additional recruitment sources

Recruitment must be completed no earlier than 30 days before filing and no later than 180 days before filing.

After recruitment is complete, the employer files Form ETA-9089 through the FLAG system.

Review

Standard processing time is 6–12 months. The DOL may approve the application, deny it, or refer it for audit.

PERM Audit

In the event of an audit, the DOL requests additional documentation:

• Recruitment report
• Resumes of applicants and reasons for rejection
• Proof of advertisement postings
• Job description

An audit can add 6–12 months to the process. Thorough preparation of documentation reduces the risk of an audit.