PERMANENT LABOR CERTIFICATION (PERM)

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PERM is the U.S. Department of Labor’s official certification process. It proves two key things before USCIS can approve a green card:

• There aren’t enough qualified, willing, and available U.S. workers for the job.

• Hiring the foreign worker won’t hurt wages or working conditions for American employees.

It’s the essential first step for most employer-based green card sponsorships — giving employers the green light to sponsor top talent permanently. 🇺🇸

PERM is primarily required for these two employment-based preference categories:

• EB-2: For advanced-degree professionals or individuals with exceptional ability in the sciences, arts, or business. (Perfect for engineers, scientists, professors, and executives with master’s degrees or higher.)

• EB-3: For skilled workers, professionals, and “other workers” (bachelor’s-level roles or those requiring at least 2 years of experience/training).

Quick note: Some paths skip PERM entirely (like EB-1 extraordinary ability, EB-5 investors, or EB-2 National Interest Waivers). Certain occupations (e.g., nurses or physical therapists under Schedule A) also have streamlined options!

Here’s how it flows (typically 12–24+ months total, depending on processing times and audits):

1. Prevailing Wage Determination – Employer requests and receives DOL approval on the minimum salary for the role and location.
2. Labor Market Test (Recruitment) – Employer must advertise the job for 30–180 days (Sunday newspaper ads, job boards, state workforce agencies, etc.) and document that no qualified U.S. workers applied.
3. File the PERM Application – Submit ETA Form 9089 via the DOL’s FLAG system. DOL reviews (and may audit).
4. Certification Approved? – Valid for 180 days.
5. I-140 Immigrant Petition – Employer files with USCIS.
6. Final Step – When your priority date is current, file for Adjustment of Status (I-485) or consular processing.

• A bona fide, full-time, permanent job offer from a U.S. employer.

• The employer must be a legitimate U.S. company with an FEIN and domestic worksite.

• The job requirements must be standard for the industry — not tailored just for the employee.
• The employer pays at least the prevailing wage.

• The foreign worker must meet the job’s education and experience needs.

• Full documentation of recruitment efforts showing no suitable U.S. workers were available.

Once approved, you gain stability, the ability to change jobs more freely after I-485 filing, and a clear path to citizenship. Employers keep their best talent long-term!

Have questions about whether PERM fits your situation, processing times, or how to get started? Contact us today!