How long does the PERM labor certification process take in 2026?

As of 2026, DOL processing times for PERM applications average between 8 and 18 months, not including the prior prevailing wage determination (3–6 months) and the mandatory 30-day recruitment period.

Who pays for the PERM labor certification — the employer or the employee?

By DOL regulations, the employer must bear all costs associated with the PERM process, including attorney fees and recruitment advertising. The employee cannot pay for PERM.

Can I change jobs after my PERM is approved?

You can change jobs or employers in some circumstances under the AC21 portability rule, but only after your I-485 has been pending for at least 180 days and the new job is in the same or a similar occupational classification.

What happens if my PERM application is audited or denied?

If the DOL audits your PERM, your employer must submit detailed supporting documentation within 30 days. A denial can be appealed to the Board of Alien Labor Certification Appeals (BALCA). Both situations can add 1–3 years to your timeline, which is why accurate preparation with an immigration attorney is critical.

PERM Labor Certification: Green Card Step by Step

The PERM labor certification process is the first major step toward an employment-based green card in the United States. Your employer must prove to the Department of Labor (DOL) that no qualified U.S. worker is available for the position. Once PERM is approved, you can move forward with an immigrant visa petition and, eventually, adjust your status to permanent resident.

What Is the PERM Labor Certification?

PERM (Program Electronic Review Management) is a DOL process that requires your employer to conduct a supervised job recruitment campaign. The goal is to document that hiring a foreign national does not displace a qualified American worker. PERM is required for most EB-2 and EB-3 employment-based green card categories.

Step-by-Step: The PERM Process Explained

Step 1 — Prevailing Wage Determination (PWD): Your employer submits a PWD request to the DOL to establish the minimum salary for the position. This typically takes 3–6 months in 2026.
Step 2 — Recruitment Campaign: The employer must advertise the job through specific channels (Sunday newspaper ads, job boards, internal postings) over a mandatory 30-day recruitment period.
Step 3 — Document U.S. Worker Results: The employer reviews all applications and documents why any U.S. applicants were not hired. Detailed records must be kept for at least 5 years.
Step 4 — File ETA Form 9089: After the recruitment period ends, the employer files the PERM application electronically with the DOL. Processing currently averages 8–18 months.
Step 5 — PERM Approval: Once the DOL certifies the application, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.
Step 6 — Wait for a Visa Number: Depending on your country of birth and preference category, you may need to wait for a visa number to become available according to the monthly Visa Bulletin.
Step 7 — Adjust Status or Consular Processing: When a visa number is available, file Form I-485 (Adjustment of Status) if you are already in the U.S. The filing fee is $1,440 USD (effective April 1, 2024). If abroad, proceed through consular processing.

Key Fees and Timelines in 2026

The PERM application itself has no government filing fee for the employer. However, subsequent steps involve costs:

I-140 filing fee: $700 USD
I-485 filing fee: $1,440 USD (includes biometrics)

Total timeline from PERM filing to green card approval can range from 2 to 10+ years, largely depending on your country of chargeability (India and China face the longest backlogs).

Common Mistakes to Avoid

Errors in the job description or minimum requirements on ETA 9089
Incomplete recruitment documentation
Missing the 180-day filing window after recruitment ends
Failing to maintain required records

Because PERM audits and denials can delay your case by years, working with an experienced immigration attorney is strongly recommended. Ilya Fishkin, immigration attorney advises employment-based green card applicants and can help both employers and employees navigate the PERM process correctly.

What You Should Do Next

If your employer is willing to sponsor you, ask them to consult an immigration attorney as early as possible — ideally before starting the PWD request. Gather your educational credentials and employment history, and make sure your job duties align with the position being sponsored. Stay informed by checking the USCIS Visa Bulletin each month once your I-140 is approved.

This material is for informational purposes only and does not constitute legal advice.