PERM labor certification is generally the first stage of the employer-sponsored green card process for professionals, skilled workers, and other workers in the EB-2 and EB-3 immigrant categories. Through PERM, a U.S. employer asks the Department of Labor to certify that there are not sufficient qualified, willing, available, and able U.S. workers for the permanent position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
PERM is an employer-driven process. The foreign worker cannot independently file a PERM application or require the employer to continue sponsorship. The employer defines the permanent job opportunity, establishes its actual minimum requirements, obtains a prevailing wage determination, conducts the required recruitment, evaluates applicants in good faith, and files Form ETA-9089.
After PERM certification, the employer generally files Form I-140 with U.S. Citizenship and Immigration Services under the EB-2 or EB-3 category supported by the job requirements and the beneficiary’s qualifications.
EB-2 advanced-degree professional: The offered position must require an advanced degree, and the beneficiary must possess the required degree. A U.S. bachelor’s degree or foreign equivalent followed by at least five years of progressive post-bachelor’s experience in the specialty may be treated as the equivalent of a master’s degree for EB-2 purposes.
EB-2 exceptional ability: A person may qualify for EB-2 based on exceptional ability in the sciences, arts, or business. The beneficiary generally must satisfy at least three regulatory criteria, and the evidence as a whole must show expertise significantly above that ordinarily encountered in the field. The PERM position must also require a person of exceptional ability.
EB-3 professional: The position must require at least a U.S. bachelor’s degree or a foreign equivalent degree, and the beneficiary must possess the required degree. Education and experience generally cannot be combined to create the equivalent of a bachelor’s degree for the EB-3 professional classification.
EB-3 skilled worker: The permanent position must require at least two years of training or work experience, and the beneficiary must possess the qualifications stated in the labor certification.
EB-3 other worker: The position must require less than two years of training or experience and must not be temporary or seasonal. This classification is sometimes informally called the “unskilled worker” category, but the legal issue is whether the permanent job requires less than two years of training or experience.
The EB-2 or EB-3 category is determined primarily by the employer’s minimum requirements for the permanent position—not merely by the beneficiary’s education. A beneficiary with a master’s degree does not automatically qualify for EB-2 if the job itself requires only a bachelor’s degree.
Before filing Form ETA-9089, the employer must generally:
Define the permanent position: The employer must identify the actual duties, work locations, minimum education, experience, training, skills, licenses, travel requirements, and other conditions of employment.
Request a prevailing wage determination: The employer must obtain a valid prevailing wage determination from the Department of Labor for the occupation and area of intended employment. The employer must offer at least the applicable prevailing wage.
Conduct required recruitment: The employer must complete the recruitment steps required for the occupation, which may include a state workforce agency job order, newspaper advertisements, a notice of filing, and additional recruitment methods for professional occupations.
Consider U.S. applicants in good faith: The employer must review applicants and may reject a U.S. worker only for a lawful, job-related reason. The employer cannot design the requirements around the sponsored worker or conduct recruitment merely as a formality.
File Form ETA-9089: If no able, willing, qualified, and available U.S. worker is identified through the required process, the employer may file the PERM labor certification application with the Department of Labor.
PERM does not itself grant immigration status, work authorization, or permanent residence. Certification allows the employer to proceed to the Form I-140 immigrant-petition stage.
Employers and professionals may contact American Visa Law Group to discuss PERM planning, recruitment, EB-2 or EB-3 classification, and the employment-based green card process.
Department of Labor: PERM Labor Certification Program
Department of Labor: Permanent Labor Certification
A PERM-based green card case requires documentation from both the sponsoring employer and the foreign worker. The documents required at the PERM stage differ from those submitted with Form I-140, and the employer must retain a complete audit file even though most supporting evidence is not submitted with the initial Form ETA-9089.
Prevailing wage determination: The employer must obtain a valid prevailing wage determination covering the position, work locations, duties, and minimum requirements.
Detailed job description: The employer should document the position’s actual duties, minimum education, experience, training, licenses, special skills, travel, telecommuting, and work-location requirements.
Recruitment records: The audit file should contain copies of advertisements, job orders, website postings, recruitment invoices, tear sheets or affidavits, notice-of-filing documentation, résumés received, applicant communications, and the recruitment report.
Business-necessity evidence: When job requirements exceed those normally associated with the occupation or involve unusual combinations of education, experience, foreign-language ability, travel, or specialized skills, the employer may need to establish that the requirements are reasonably related to the position and necessary for the business.
Layoff documentation: If the employer experienced relevant layoffs in the area of intended employment, counsel should determine whether the employer must notify and consider potentially qualified laid-off U.S. workers.
Corporate and employer information: Relevant documents may include formation records, federal tax identification information, business licenses, worksite records, organizational information, and evidence that the employer is a legitimate U.S. business offering permanent full-time employment.
Degrees and transcripts: The beneficiary should provide educational records establishing the degree required by the labor certification.
Foreign credential evaluation: When education was completed outside the United States, a qualified evaluation may be needed to determine its U.S. academic equivalency.
Employment experience letters: Experience letters should generally identify the employer, dates of employment, position, hours worked, and specific duties or skills gained. Letters should establish that the beneficiary acquired the experience required by the labor certification before becoming eligible for the sponsored position, subject to applicable rules.
Licenses and certifications: If the labor certification requires a professional license, registration, certification, or other credential, the beneficiary must establish that the requirement has been satisfied or can be satisfied as required by law.
Résumé or curriculum vitae: The résumé should be accurate and consistent with the education, employment history, and qualifications stated throughout the PERM and Form I-140 filings.
After PERM certification, the employer files Form I-140, Immigrant Petition for Alien Workers, before the labor certification expires.
The Form I-140 filing commonly includes:
Certified PERM labor certification: The employer must submit the certified labor certification with Form I-140 within its validity period.
Evidence that the beneficiary meets every job requirement: USCIS evaluates whether the beneficiary possessed the required education, experience, training, licenses, and skills by the PERM priority date.
Employer support letter: The letter should confirm the permanent job offer, position, duties, wage, work location, requested immigrant classification, and beneficiary’s qualifications.
Ability-to-pay evidence: The employer must generally establish its continuing ability to pay the offered wage from the priority date until the beneficiary becomes a permanent resident. Evidence may include annual reports, federal tax returns, audited financial statements, payroll records, or other documentation accepted by USCIS.
Corporate documentation: Depending on the case, USCIS may require proof that the petitioner is an active and legitimate employer and that any claimed successor-in-interest relationship is valid.
A certified PERM does not guarantee Form I-140 approval. USCIS independently evaluates the employer’s ability to pay, the beneficiary’s qualifications, the requested EB-2 or EB-3 classification, and whether the job offer remains valid.
PERM is highly technical and deadline-driven. A case may be denied even where the employer has a legitimate permanent position and no qualified U.S. worker applies if the recruitment, application, or supporting records do not comply with Department of Labor requirements.
The employer controls the PERM application and makes the required attestations. The sponsored worker is the beneficiary but is not the PERM applicant.
The employer must pay costs that the law assigns to the employer, including PERM recruitment expenses. Employers should not seek reimbursement from the beneficiary for prohibited PERM costs.
The employer is not selecting the most qualified applicant. The legal question is whether an able, willing, qualified, and available U.S. worker applied for the position.
A U.S. worker who satisfies the employer’s stated minimum requirements generally cannot be rejected merely because the sponsored worker is more experienced or preferred.
The Department of Labor does not presently charge a filing fee for Form ETA-9089. However, employers normally incur advertising, recruitment, legal, and related case-preparation expenses.
Review American Visa Law Group’s guide to PERM and Form I-140 costs.
The overall timeline includes obtaining the prevailing wage, completing recruitment and mandatory waiting periods, preparing and filing Form ETA-9089, Department of Labor adjudication, and any audit or supervised-recruitment process.
Because processing queues change, employers should consult the current Department of Labor processing-times page rather than relying on a fixed estimate published months earlier. Learn more in American Visa Law Group’s 2026 PERM processing-time guide.
A pending or approved PERM application does not independently authorize the beneficiary to remain or work in the United States.
The beneficiary must continue maintaining an appropriate immigration status when required. Certain H-1B workers may later qualify for extensions beyond the ordinary six-year limit based on the timing or approval of the permanent-residence process, but PERM does not itself create lawful status.
For a PERM-based EB-2 or EB-3 case, the priority date is generally the date the Department of Labor accepts the labor certification application for processing.
After Form I-140 approval, the beneficiary’s ability to complete permanent residence depends on priority-date availability under the applicable category and country of chargeability. Applicants should review the current Department of State Visa Bulletin.
American Visa Law Group assists U.S. employers and foreign professionals with PERM recruitment, labor certification, Form I-140 petitions, and later permanent-residence processing. Learn more about American Visa Law Group.
Department of Labor: PERM Labor Certification
Department of Labor: Foreign Labor Certification Processing Times
An employer is not legally required to hire an attorney for a PERM labor certification or Form I-140 petition. However, PERM is a technical process involving employer attestations, recruitment rules, strict timelines, record-retention obligations, and consistency across the prevailing wage request, advertisements, Form ETA-9089, and Form I-140 petition.
An immigration lawyer can help the employer define the permanent position, job duties, work locations, education and experience requirements, special skills, travel obligations, and telecommuting terms before the prevailing wage request is filed.
Early planning is important because changing a material requirement later may require a new prevailing wage determination or recruitment process.
Counsel can identify the recruitment steps that apply to professional and nonprofessional occupations, calculate the required timing, review advertisements, prepare the notice of filing, and help the employer follow a lawful applicant-review process.
The employer—not the attorney—must evaluate applicants and make hiring decisions. Counsel may provide legal guidance but should not unlawfully steer recruitment or create reasons to reject qualified U.S. workers.
Before filing PERM, counsel should evaluate whether the beneficiary can document every stated education, experience, training, license, and skill requirement.
A certification may have little value if USCIS later determines that the beneficiary did not possess the required qualifications by the priority date.
An attorney can help maintain the PERM audit file, respond to a Department of Labor audit, evaluate the employer’s ability to pay the offered wage, prepare Form I-140, and address USCIS Requests for Evidence.
Legal representation cannot guarantee certification or approval. Its value lies in identifying legal risks, maintaining consistency, meeting deadlines, and presenting an accurate and compliant case.
Prospective clients may meet the immigration attorneys and legal team at American Visa Law Group and read reviews from the firm’s clients.
American Visa Law Group did my EB2 Green Card case from start to finish. They filed for the ETA form 9089, Labor Certificate, I-140, I-485, I-130, I-765.I think I was really lucky that the company I work for used the services of this law office. Divya, Ali and Hassan were all extremely knowledgeable and patient. Before filing for any new form, they would walk me through the process and what the USCIS was going to do in each stage. For each stage, they would give me a time estimate, which were very accurate. Also, they were always available for a phone conversation and for answering my (many many) questions. What I loved the most was the fact that at no point in the whole process USCIS issued any RFE's or raised any questions, which I guess says a lot about how detail-oriented Divya was in gathering and submitting supplementary documents. I got my EAD Combo card only 2 months after filing for I-765 and I-130; and got my Green Card only 8 months after filing for I-485.I strongly recommend American Visa Law Group to anyone out there who is applying for any immigration benefits in the U.S. - Payam H.
Hasan Abdullah is the President and Principal Attorney of American Visa Law Group. He represents U.S. employers and foreign professionals in PERM labor certification, EB-2 and EB-3 Form I-140 petitions, and related employment-based green card matters throughout the San Francisco Bay Area and nationwide.
His work focuses on developing compliant job requirements, guiding employers through prevailing wage and recruitment procedures, evaluating beneficiary qualifications, addressing ability-to-pay issues, and maintaining consistency from the PERM stage through Form I-140 and permanent-residence processing.
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The employer generally must file Form I-140 with USCIS before the certified labor certification expires. At the I-140 stage, the employer must establish the requested EB-2 or EB-3 classification, the beneficiary’s qualifications, a continuing permanent job offer, and the ability to pay the offered wage.
Form I-140 approval does not itself grant permanent residence. The beneficiary must later complete Form I-485 adjustment of status or immigrant-visa processing when an immigrant visa is available and all other requirements are satisfied.
A certified PERM labor certification is generally valid for 180 days. The employer must submit it with Form I-140 during that period.
If Form I-140 is not timely filed, the certification normally expires and cannot support a later immigrant petition.
The PERM application itself does not ordinarily restrict international travel because it is filed by the employer with the Department of Labor and does not grant or change immigration status.
Travel may nevertheless affect the beneficiary’s nonimmigrant status, visa requirements, readmission, or a pending Form I-485. Applicants should evaluate travel based on their current status and procedural stage rather than assuming that a pending PERM provides travel authorization.
Certain H-1B workers may qualify for one-year extensions beyond the normal six-year limit when a qualifying PERM labor certification or Form I-140 was filed at least 365 days before the requested H-1B extension period begins.
Different rules may allow extensions in increments of up to three years where Form I-140 is approved but the beneficiary cannot complete permanent residence because an immigrant visa is unavailable.
Because timing is critical, employers should begin the green card process early enough to preserve possible H-1B extension options.
Yes. The Department of Labor’s FLAG Case Status Search allows users to check a PERM case by entering the complete case number.
Cases filed before May 31, 2023, may need to be checked through the Department of Labor’s legacy system. The case-status page provides limited procedural information and does not replace communications received by the employer or attorney.
Layoffs may affect PERM when the employer has laid off U.S. workers in the same or a related occupation in the area of intended employment during the relevant period before filing.
The employer may need to notify potentially qualified laid-off U.S. workers and consider whether they are able, willing, qualified, and available for the offered position. Layoffs may also require reassessment of whether the permanent job remains available and whether the employer can demonstrate ability to pay.
A layoff does not automatically make every PERM filing impossible, but the facts should be reviewed before recruitment begins or the application is filed.
The Department of Labor may select a PERM application for random audit or may issue an audit because of information in the filing.
Potential areas of scrutiny include unusual job requirements, foreign-language requirements, familial relationships, closely held businesses, layoffs, employee referral programs, beneficiary ownership interests, employer-sponsored training or experience, and inconsistencies among the prevailing wage request, advertisements, recruitment records, and Form ETA-9089.
An audit does not necessarily mean the Department of Labor believes fraud occurred. The employer must respond completely and on time with the requested documentation.
The denial notice explains the Department of Labor’s reasons and the available review procedures. Depending on the circumstances, the employer may request reconsideration or review by the Board of Alien Labor Certification Appeals within the deadline stated in the decision.
In other cases, refiling may be preferable, particularly where the original recruitment has expired or the defect cannot be corrected within the existing record. The employer should evaluate the denial promptly because appeal and refiling strategies can affect the priority date, H-1B extension planning, and the overall green card timeline.
Material changes to the job duties, minimum requirements, employer, work location, or offered position may invalidate the existing PERM strategy or require a new labor certification.
Some changes may be manageable, while others fundamentally alter the job opportunity tested in the labor market. Employers should obtain advice before implementing a change that could affect a pending or certified PERM case.
A PERM-based Form I-140 is tied to the sponsoring employer’s permanent job offer. Changing employers before Form I-485 portability becomes available generally requires a new employer-sponsored process.
If Form I-485 has been pending for at least 180 days, the beneficiary may sometimes move to a new job in the same or a similar occupational classification under the employment-based portability rules. Eligibility depends on the petition, adjustment application, new position, and procedural history.
Employers or professionals seeking guidance may contact American Visa Law Group to discuss a PERM labor certification, Form I-140 petition, audit, denial, or employment-based green card strategy.
