PERM Labor Certification | Complete Guide

The PERM or Program Electronic Review Management System Labor Certification was created by the Department of Labor on March 28, 2005. On this page, you will learn all about the program, PERM processing time, PERM process and steps, and detailed information about the entire application process.

What is PERM Labor Certification?

PERM is the first step in the process of applying for most employment-based lawful permanent residency (green card) applications. The objective of PERM is to protect U.S. workers and the job market. In other words, this process was created to ensure that foreign workers are not filling the positions that could otherwise be filled by qualified U.S. workers.

The employer must attest to the Department of Labor that the position requires a foreign worker, as shown by a test of the labor market proving that a U.S. worker cannot fill the role due to a lack of qualified, willing, and available applicants.

Unlike the EB-1 First Preference Visa, the EB-2 and EB-3 both require the employer to obtain a PERM Labor Certification for the green card applicant before applying for the employment-based immigrant visa.

The PERM Labor Certification for EB-2 Visa may be waived with the National Interest Waiver (NIW) if the applicant provides evidence that the employment would further the national interest of the United States.

PERM Labor Certification Requirements

To qualify to begin the PERM process, the following requirements must first be met:

• The applicant must have an existing permanent job offer by a U.S. employer.
• The offered wage to the employee must be equal to or above the DOL prevailing wage. DOL will subject this to the specific position based on work experience required, geographic area, and other factors.
• A thorough recruitment process conducted by the employer has tested the local job market for qualified U.S. candidates. While in the PERM application, the employer simply needs to attest that good faith efforts were made to prove this, the DOL regularly requests evidence that the recruitment efforts followed their strict guidelines, via targeted and random audits. Supplementary documentation relating to recruiting efforts must be made available if requested.
• The U.S. employer is obligated to construct and maintain an “audit file” that has all of the documentation of recruitment efforts.

PERM Recruitment Steps

PERM regulations mandate that recruitment steps for both professional and non-professional positions be completed within 6 months of filing the PERM application.

Professional vs. Non-Professional

Professional occupations usually require a bachelor’s degree or higher. You could also possess the foreign equivalent of a degree to qualify. Speak with your immigration attorney to determine if your degree qualifies for the professional occupation category.

Mandatory Steps:

1. Placing a job order with the State Workforce Agency for a period of 30 days;
2. Placing a job ad in 2 consecutive Sunday editions of a local newspaper with wide circulation in the area of intended employment OR an ad can be placed in a relevant professional journal instead of 1 Sunday newspaper ad.

(NOTE – if the job opportunity is located in a rural area that does not have a newspaper with a Sunday edition, the employer may then use the edition with the “widest circulation” in the area of intended employment.)

A combination of any 3 additional recruitment methods outlined below can meet the additional recruitment requirement for professional positions:

1. Job fairs
2. Employer’s website
3. Job search websites other than your employer’s (e.g. monster.com, indeed.com)
4. On-campus recruiting
5. Trade or professional organization
6. Private employment firms
7. Employee referral program with incentives
8. Campus placement offices
9. Local and ethnic newspapers
10. Radio and television

Your employer should always remember to keep a diligent record of all payment receipts and online correspondence to provide sufficient evidence of the effort put into the recruiting process. This will help avoid respond to audits in a timely fashion, or to avoid a lengthy and potentially costly targeted audit in the future.

Non-Professional Jobs

To satisfy the recruitment process for non-professional positions (positions that do not require a degree an employer is required to only comply with the following 2 steps):

1. Placing a job order with the State Workforce Agency for a period of 30 days;
2. Placing a job ad in 2 consecutive Sunday editions of a local newspaper with wide circulation in the area of intended employment

The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. For both professional and non-professional positions, the employer must wait 30 days after the end of the recruitment period before filing the ETA 9089. This is to ensure that any qualified U.S. workers have a reasonable time period in which to respond to your ads or job order.

PERM Labor Certification Documentation

• Local Labor Market test (evidence that U.S. workers are unavailable, incapable, or ineligible to perform this role).
  • Approved Documented Evidence;
  • Prevailing Wage Request – the DOL uses the location and requirements for the position to determine the prevailing wage
  • Job Orders
  • Newspaper Ads
  • Prints of website job ads
    • U.S. Employer Audit File
    • Immigrant Petition
    • Completed Form ETA 9089

PERM Process

There are many PERM steps in the process, below, you will find a detailed explanation of each step.

1. The employer must use Form ETA-9141, Application for Prevailing Wage Determination, which must occur before PERM recruitment.
2. The U.S. employer must conduct a series of recruitment efforts to test the U.S. labor market for the role. All efforts must be documented and ready for DOL inspection in the case of a random or targeted audit.
3. There is a mandatory 30-day waiting period after the last recruitment activity before the next step, filing Form ETA 9089.
4. The U.S. employer submits a Form ETA 9089, Labor Certification application, to the Department of Labor. This can be filed electronically or by mail.
5. The DOL must review and process Form ETA 9089. They may conduct an audit to verify the employer’s attestation that no qualified, willing, able, and available U.S. workers were found for the position.
   • If the petition by the U.S. employer is selected for auditing, the employer must respond with supplementary documentation within 30 days of the request.
6. Once the Labor Certification is approved, the U.S. employer must file an I-140 immigrant petition with the USCIS before the Labor Certification expires.
   • If the employer fails to complete the immigrant petition before the deadline, the case will be labeled as abandoned.
7. When the I-140 is approved, the applicant must register for Permanent Residence by filing Form I-485 with USCIS.

PERM Processing Time and Timeline

The total processing time for a PERM ETA 9089 application is ~472 days, around 16 months from the time it was filed. However, the timeline takes into account additional steps that must be considered:

1. The prevailing wage determination process takes 5-6 months to complete.
2. The PERM recruitment process requires a minimum of 60 days, 30 for advertising and a 30-day waiting period.
3. The DOL takes ~16 months to decide on Form-9089.
4. If your Form-9089 is subjected to an audit, then you would have to provide additional evidence and respond to further inquiries.

Overall

The entire PERM application process, from the prevailing wage request to a decision on the PERM application, takes around two years.

Rejecting Applicants

Your employer needs to create a comprehensive recruitment report that documents all the reasons that led to the rejection of each U.S. applicant.

These reasons must be lawful and non-discriminatory. An audit may require this information in detail.

Random and Targeted PERM Audits

If the DOL or Certifying Officers are not satisfied with the information provided, then your employer may run the risk of receiving a targeted audit. This can be the result of:

• Inconsistencies within the submitted Form ETA 9089.
• Overly restrictive job requirements, such as job qualifications that appear personalized or are not the normal standard for the occupation.
• The DOL suspects there is an availability of qualified U.S. workers for the role
• An incomplete attestation regarding the mandatory recruitment efforts.

The DOL also runs random audits that can neither be anticipated nor avoided. This is done to help ensure that no one attempts to take advantage of the PERM system.

While we always recommend seeking help from an immigration attorney to mitigate the possibility of a targeted audit, there is nothing that can be done to anticipate a random audit.

If your employer is selected for an audit, the processing time increases drastically in some cases. It is also important to note that once an audit notice has been given, your employer must respond even if the PERM application has been withdrawn.

PERM Costs and Green Card Processing Fees

As for PERM costs, the Department of Labor has no filing fee for the PERM petition. However, there will be additional costs associated with the recruitment process, such as placing ads and taking the time to interview potential U.S. candidates. Regardless, the entire PERM application process is the responsibility of your employer.

When it comes to your green card processing fee, the USCIS has a filing fee of $715 for the I-140 petition. This is a fee that your employer must pay, not you. The optional premium processing fee is also paid by the employer, unless the employee has personal reasons unrelated to work that require him to be in the United States sooner.

The fees that the employee is responsible for include either an Adjustment of Status or Consular processing. Adjustment of status is for those in the United States on a valid nonimmigrant visa, and it costs $1,440.

The cost of consular processing, for those outside the United States, is $345

VisaNation Attorney Fees

Green Card by Employer-Sponsored Labor Certification with PERM

Attorney Fee: $3,900 (for PERM process)

(*PERM Audit response fee = $1000, if applicable)

PERM and I-140

PERM and I-140 Forms are closely related to the entire process of employing foreign workers. When your employer’s PERM Labor Certificate is approved, they will have to submit an I-140, Immigrant Petition for Alien Worker. The worker is not required to submit the form; only the employer is required to do so.

After Form I-140 is approved, the USCIS will notify you with an Approval Notice. After your priority date is current in the Department of State monthly visa bulletin, you can start the green card application process.

VisaNation’s Experience with PERM

VisaNation lawyers have helped countless clients obtain PERM labor certifications. We pride ourselves on outstanding service and exceptional client care. This is what Shilpa Malik, Managing Attorney – VisaNation Law Group PLLC, said about our PERM services:

The intricate process of getting a PERM approval requires meticulous attention to detail and an in-depth understanding of the ever-evolving regulations. VisaNation’s legal team and I are committed to guiding our clients through the complexities, leveraging my expertise to ensure a strong and persuasive application.

PERM Visa or PERM Green Card: What is it?

There is a common misconception about the PERM Labor Certification. Many people tend to call it a PERM Visa or PERM Green Card. However, the PERM is not a visa and does not by itself grant you access to the U.S. Instead, it is merely the first step in obtaining an immigrant visa (green card). Once your PERM is approved, your employer can file a petition for a green card on your behalf.

After your I-140 petition is approved, you must wait until a visa number is available for your priority date. Depending on which employment-based green card you are applying for, this wait can be as little as no time at all or as long as 20 years.

When a visa number becomes available, you can apply to adjust your status or to obtain a green card from a U.S. Consulate or Embassy in your home country. Your green card, not any PERM visa, will allow you legal residence in the U.S.

How VisaNation Can Help:

• VisaNation Law Group’s immigration lawyers are capable of assisting you with the required documentation to meet the critical deadlines.
• Our PERM Labor Certification attorneys are experienced in providing expert advice for complex situations, including verifying U.S. employer and applicant qualifications.
• Our immigration lawyers are knowledgeable in communication channels between USCIS and the Department of Labor.
• If the applicant receives an audit request from the Department of Labor, our immigration lawyers prepare and submit an appropriate and timely response to the request with the required documentation.

To get in touch with one of their attorneys, schedule a consultation today.

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RELATED PERM TOPICS

• PERM Labor Certification Audit
• PERM Denial After Audit 
• PERM Denial Without Audit
• PERM Prevailing Wages 
• PERM Prevailing Wage Determination FAQ
• PERM Recruitment
• PERM Advertising Requirments
• NIW vs PERM
• PERM Processing Time
• PERM Transfer of Employment
• PERM Supervised Recruitment
• PERM Audit Reasons and Triggers