What is PERM Labor Certification?

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PERM is the Department of Labor process through which an employer shows there are not enough able, willing, qualified and available US workers for a job before sponsoring a green card. See the full guide. It has several steps, including a prevailing wage determination and recruitment by the employer, before the case is filed.

What the certification says

The Department of Labor (DOL) certifies two things: that there are not enough able, willing, qualified and available US workers for the job, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed US workers. It is generally required before the employer can file an immigrant petition with USCIS.

Order of the main steps, per DOL

  1. The employer files Form ETA-9089 with DOL. The employee does not file it.
  2. DOL reviews and certifies the application.
  3. The employer submits the certified application with Form I-140 to USCIS.
  4. A certification is valid for 180 days and expires if it is not submitted to USCIS in that time.

Before step 1, the employer completes a prevailing wage determination and recruitment. Our PERM guide covers those stages.

Why the filing date matters

The date the ETA-9089 is filed becomes the priority date used by USCIS and the Department of State. See priority date.

Who PERM does not apply to

An EB-2 National Interest Waiver does not need a labor certification. See NIW.

Example

The employer files Form ETA-9089, DOL certifies it, and the employer files the certified form with the I-140 within the 180 days.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.