PERM Labor Certification

A compliance-heavy labor certification process. Determines whether an employer can legally sponsor a foreign worker for permanent residence.

8-18 months

Processing Time

N/A - Certification only

Duration

Overview

PERM (Program Electronic Review Management) Labor Certification is the first step in the employment-based green card process for most workers. It is a test of the U.S. labor market that employers must complete to demonstrate that there are no qualified, willing, and available U.S. workers for the position being offered to a foreign worker.

The process requires employers to conduct specific recruitment activities, including job postings and advertisements, over a set period. If no qualified U.S. worker applies and meets the minimum requirements, the employer can proceed with filing the PERM application with the Department of Labor.

Once the PERM is certified, the employer can file an I-140 immigrant petition with USCIS. PERM certification is valid for 180 days, so the I-140 must be filed promptly. The PERM process is complex and highly regulated, with strict documentation and timing requirements.

Key Requirements

  • Your employer has a permanent, full-time job offer for you
  • The employer can demonstrate a genuine need for your skills
  • You meet the minimum requirements for the position
  • Your employer is willing to pay the prevailing wage
  • No qualified U.S. workers are available for the position

Frequently Asked Questions

The PERM process typically takes 8-18 months from start to finish. This includes the prevailing wage determination (2-6 months), recruitment period (2-3 months), and DOL processing time (4-12 months). Audit responses can add additional time.

Before filing PERM, employers must obtain a prevailing wage determination from the DOL. This establishes the minimum salary that must be offered for the position based on the job duties, requirements, and geographic location. The employer must offer at least this wage.

The DOL randomly audits some PERM applications and may also audit applications that raise concerns. An audit requires the employer to submit documentation proving compliance with recruitment requirements. Audits can add 6-12 months to the process.

If you change jobs, your PERM labor certification is no longer valid because it is tied to a specific employer and position. The new employer would need to start a new PERM process from the beginning.

Employers must conduct specific recruitment including: two Sunday newspaper ads, a 30-day job order with the state workforce agency, and three additional recruitment steps from a list of options (job fairs, website postings, employee referral programs, etc.).

Recommended Resource

PERM Green Card Roadmap & Timeline

A comprehensive guide to the three-step PERM green card process, including labor certification, I-140 petition, and adjustment of status or immigrant visa processing, with timelines, costs, and legal fees.

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