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EB-2 & EB-3 PERM Labor Certification

  • The PERM Labor Certification process is the first step for many employer-sponsored green cards under the EB-2 (advanced degree) and EB-3 (professional, skilled, and unskilled worker) categories.

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    PERM is a U.S. Department of Labor (DOL) process designed to protect U.S. workers. Before sponsoring a foreign national for permanent residence, the employer must demonstrate that no qualified, willing, and available U.S. workers applied for the position and that hiring the foreign worker will not adversely affect U.S. wages or working conditions.

  • PERM Labor Certification is required for:

    • EB-2 (Advanced Degree) – unless filed as a National Interest Waiver (NIW)

    • EB-3 – Professionals, Skilled Workers, and Other Workers

     

    PERM is employer-driven. The job, recruitment, and wage requirements must reflect the employer’s true minimum requirements for the position.

  • The PERM process occurs in two main phases:

    1. Department of Labor (PERM Labor Certification)

    2. U.S. Citizenship and Immigration Services (Immigrant Petition & Adjustment)

    Each step must be completed in sequence.

  • Step 1: Prevailing Wage Determination (PWD)

    Timeline: ~3–4+ months

    Before recruitment begins, the employer must obtain a Prevailing Wage Determination (PWD) from the DOL’s National Prevailing Wage Center.

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    The DOL assigns:

    • A Standard Occupational Classification (SOC) code

    • A wage level based on job duties and minimum requirements
       

    The prevailing wage is determined based on:

    • Location of employment

    • Education and experience requirements

    • Special skills or licenses

    • Supervisory responsibilities

     

    Once issued, the PWD is generally valid for six months, during which recruitment must begin.

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    Step 2: Recruitment

    Timeline: ~3 months

    The employer must conduct a good-faith recruitment campaign to test the U.S. labor market.

     

    Mandatory recruitment includes:

    • A 30-day State Workforce Agency (SWA) job order

    • Two Sunday newspaper advertisements

     

    Applications for professional positions must also include three (3) additional recruitment forms. Examples of supplemental recruitment include the following:

    • employer’s website;

    • job search website;

    • employee referral program with incentives;

    • trade or professional organization;

    • private recruiting firm;

    • local or ethnic newspapers;

    • radio or television advertisements;

    • job fair;

    • on-campus recruiting; or

    • campus job placement office.

     

    After recruitment ends, the employer must observe a 30-day “quiet period” before filing PERM.

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    ⚠️ Special scrutiny applies where the foreign national has ownership, family ties, or influence over hiring decisions.

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    Step 3: File PERM Labor Certification (ETA Form 9089)

    Timeline: ~14+ months (18+ months if audited)

     

    If no qualified U.S. workers are identified, the employer files the PERM application electronically with the DOL.

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    The DOL may:

    1. Approve the case

    2. Audit the case (common and sometimes random)

    3. Deny the application

     

    All recruitment records must be retained for five years.

    Once approved, the PERM is valid for six months, during which the employer must file the I-140 immigrant petition.

     

    By law, all PERM-related costs must be paid by the employer.

  • Step 4: Immigrant Petition (Form I-140)

    Timeline: ~4+ months | Optional 15-day Premium Processing

    After PERM approval, the employer files Form I-140 with USCIS.

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    The I-140 establishes:

    • The foreign national meets the job requirements

    • The employer has the ability to pay the offered wage
       

    Typical evidence includes:

    • Degrees and transcripts

    • Experience verification letters

    • Licenses or certifications (if required)

    • Employer financial records
       

    These costs may be paid by the employee or the employer.

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    Step 5: Green Card Application (I-485 or Consular Processing)

    If the priority date is current, the employee may:

    1. File Form I-485 (Adjustment of Status), or

    2. Complete consular processing through a U.S. embassy abroad

     

    Adjustment of Status includes:

    1. Employment Authorization (EAD)

    2. Advance Parole (travel authorization)

    3. Applications for spouse and children under 21

     

    Processing time: ~6–18 months, depending on category and country of birth.

    These costs may be paid by the employee or the employer.

  • PERM is highly technical and unforgiving. Small errors in job requirements, recruitment, or documentation can result in denial or lengthy delays.

     

    Key risks include:

    • Overly restrictive job requirements

    • Excessively high prevailing wage

    • Recruitment inconsistencies

    • Employer control issues

    • Audits and supervised recruitment

     

    Early strategy and careful drafting are critical.

  • PERM is often appropriate when:

    • The role is long-term and employer-specific

    • The employer is willing to commit time and resources

    • NIW or EB-1 options are not available

     

    For some professionals, alternatives such as EB-2 NIW or EB-1A may offer faster or more flexible paths.

  • To begin the PERM process, we typically need:

    • A detailed job description reflecting the employer’s true minimum requirements

    • The foreign national’s degrees, transcripts, and résumé

    • Employer cooperation throughout recruitment and filing

     

    We guide employers and employees through each stage to minimize risk and delays.

EB-2 & EB-3 PERM Labor Certification is the first step in many employer-sponsored green card cases, requiring employers to test the U.S. labor market and prove that no qualified, willing, and available U.S. workers exist for the position, while also showing that hiring a foreign worker will not negatively impact U.S. wages or working conditions.

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