PERM labor certification explained
US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
PERM labor certification, explained simply, is the Department of Labor process an employer uses to show there are not enough able, willing, qualified and available US workers for a job before sponsoring a green card. The employer files Form ETA-9089. Per DOL, the filing is the responsibility of the employer, not the employee.
What are the steps?
- The employer defines the job and its minimum requirements.
- The employer obtains a prevailing wage determination and tests the US labor market. For a professional role this includes a 30-day state job order, two Sunday newspaper ads and three more recruitment steps, within set time windows (20 CFR 656.17(e)).
- The employer files Form ETA-9089 with DOL.
- After certification, the employer files Form I-140 within 180 days.
Your priority date is the date DOL accepts the application for processing.
How long does it take?
DOL publishes current prevailing wage and PERM analyst review times at flag.dol.gov/processingtimes. LiveRec states no figure because it changes.
Who pays?
DOL's rule says an employer "must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification", including its own legal fees. You may pay your own costs. See 20 CFR 656.12(b).
Which jobs skip PERM?
Schedule A occupations, and categories such as EB-1 and EB-2 NIW. See EB-2 NIW.
What does DOL say PERM is for?
DOL's FLAG site says a permanent labor certification allows an employer to hire a foreign worker permanently in the United States. In most instances the employer must obtain a certified application from DOL's Employment and Training Administration before submitting an immigration petition to USCIS. DOL must certify that there are not sufficient US workers able, willing, qualified and available for the job.
What are the DOL steps?
| Step | What DOL says |
|---|---|
| Eligibility | The employer must be a US employer with a valid FEIN and a location in the US to which US workers may be referred |
| 1. Job opportunity | A permanent, full-time job. The employer determines the actual minimum requirements and duties |
| 2. Prevailing wage | The employer must request and receive a prevailing wage determination from DOL's National Prevailing Wage Center before filing |
| 3. Recruitment and notice | Required recruitment depends on the occupation type under 20 CFR 656.17 or 656.18. All employers must follow 20 CFR 656.10 for the Notice of Filing |
| 4. Submit the application | Online through a FLAG account, which requires a Login.gov account. DOL says employers may mail it, but online submission streamlines the process |
What happens after certification?
USCIS says that for labor certification applications filed on or after June 1, 2023, using FLAG, the petition is accompanied by the approved and signed Form ETA-9089 final certification. To preserve the priority date, the employer must file Form I-140 within 180 days of DOL approval or the certification is no longer valid.
What can go wrong?
- The job requirements on the application do not match the worker's real qualifications. USCIS says the petition must show the worker meets the requirements on the labor certification.
- A prevailing wage not requested before filing.
- Missing the 180-day window for the I-140.
- Recruitment steps done outside the required windows.
Step by step for a worker
- Ask HR whether the company sponsors green cards and in which category.
- Provide degrees, experience letters and a resume that match the real job.
- Keep copies of your passport, I-797 notices and pay records.
- Do not pay for any activity related to obtaining the certification. See "Who pays?" above.
- After approval, ask when the I-140 will be filed.
Common mistakes
- Treating the date the PERM is certified as the priority date. USCIS says it is the date DOL accepts the application for processing.
- Assuming PERM is a green card. It is the first stage.
FAQ
Can I file PERM myself? No. The employer files.
What if my experience does not match the job requirements? The application may fail. Keep matching experience letters.
Is PERM required for every green card? No. USCIS says it is usually required for EB-2 and EB-3, but not for Schedule A occupations or the EB-2 national interest waiver. EB-1 does not need it.
Can the worker be an applicant? No. The employer files and DOL treats it as the employer's responsibility.
Where do I see the status? DOL's FLAG site has a Case Status Search and Processing Times pages.
Next step: Green card overview.
Sources
- DOL, PERM labor certification, https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- 20 CFR 656.17 (PERM recruitment), https://www.ecfr.gov/current/title-20/section-656.17, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- 20 CFR 656.12 (employer payment ban), https://www.ecfr.gov/current/title-20/section-656.12, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, visa availability and priority dates, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates, accessed 31 October 2026
- DOL, FLAG: Permanent Labor Certification (PERM), https://flag.dol.gov/programs/perm, accessed 31 October 2026
- USCIS, EB-3 Third Preference, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.