PERM labor certification is a key step in many employer-sponsored US green card applications. This guide explains how employers obtain prevailing wage determinations, recruit US workers, file Form ETA-9089 and proceed toward EB-2 or EB-3 permanent residency sponsorship.
inistered by the US Department of Labor (DOL), the program helps ensure that hiring a foreign worker will not disadvantage qualified American workers.
PERM is generally required for many EB-2 and EB-3 green card applications, including those involving Indian professionals employed in the United States.
How does PERM labor certification work?
The Permanent Labor Certification Program requires employers to demonstrate that there are insufficient qualified, available and willing US workers for a permanent job opportunity.
The employer must also establish that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.
PERM certification does not itself grant a visa, work authorization or permanent residency.
What are the steps in the PERM application process?
Employers generally complete several requirements before receiving certification:
- Identify a permanent, full-time job opportunity and its minimum requirements.
- Obtain a prevailing wage determination from the Department of Labor.
- Conduct required recruitment to test the US labor market.
- Submit Form ETA-9089 through the Foreign Labor Application Gateway (FLAG).
- Await the Department of Labor's certification decision.
Recruitment requirements vary by occupation, and employers must maintain appropriate supporting records.
Why do prevailing wages and recruitment matter?
A prevailing wage determination establishes the applicable minimum wage level for the sponsored position based on factors such as occupation and work location.
Employers must generally offer at least the required prevailing wage and conduct recruitment that gives qualified US workers an opportunity to apply.
If the employer cannot demonstrate compliance with applicable requirements, certification may be denied.
What happens after PERM approval?
Once PERM is certified, the employer generally files Form I-140, Immigrant Petition for Alien Workers, with US Citizenship and Immigration Services (USCIS).
Approval of Form I-140 is not the same as obtaining a green card. The employee must also satisfy the relevant immigrant visa or adjustment-of-status requirements, including visa-number availability.
The process can involve additional waiting periods, particularly for applicants in oversubscribed employment-based categories.
Does every employment-based green card require PERM?
No. PERM is commonly required for employer-sponsored EB-2 and EB-3 petitions, but exceptions exist.
For example, qualifying EB-1 applicants and EB-2 National Interest Waiver applicants may pursue immigration pathways without PERM labor certification.
The appropriate route depends on the applicant's qualifications, immigration category and sponsorship circumstances.
Because PERM affects an early stage of many employment-based green card applications, interruptions in labor certification processing can delay later immigration filings. Employers and workers must follow DOL and USCIS requirements throughout the process.
