PERM labor certification is the process used by U.S. employers to obtain labor certification for certain foreign workers seeking permanent employment in the United States and, ultimately, an employment-based immigrant visa or lawful permanent residence.

The certification represents the U.S. Department of Labor’s (DOL) determination to U.S. Citizenship and Immigration Services (USCIS) that:

• There are not sufficient U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment; and
• The employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What Is the PERM Process?

The PERM process requires the sponsoring U.S. employer to complete a series of steps before submitting the labor certification application to the DOL. The employer must demonstrate that it has conducted the required recruitment process and that hiring the foreign worker will not displace qualified U.S. workers.

The process generally includes:

1. Determining the Job Requirements
   The employer establishes the position, minimum education, experience, skills, and other requirements necessary for the job.
2. Obtaining a Prevailing Wage Determination
   The employer requests a prevailing wage determination from the DOL to establish the minimum wage that must be offered for the position based on the job and location.
3. Conducting Recruitment
   The employer conducts recruitment activities required by the DOL to test the U.S. labor market and determine whether qualified and available U.S. workers are willing to accept the position.
4. Filing the PERM Application
   After completing the required recruitment and waiting periods, the employer may file Form ETA-9089 with the DOL.
5. DOL Review and Certification
   If the DOL approves the application, the certified PERM labor certification can be used by the employer to proceed with the next stage of the employment-based immigration process.

What Happens After PERM Certification?

PERM certification is generally only one step in the employment-based green card process. After the PERM application is certified, the sponsoring employer typically files Form I-140, Immigrant Petition for Alien Workers, with USCIS on behalf of the foreign worker.

Depending on the employment-based immigrant visa category and the applicant’s circumstances, the final stage may involve either adjustment of status in the United States or consular processing through a U.S. embassy or consulate abroad.

Because PERM involves detailed recruitment requirements, prevailing wage rules, documentation, and strict filing procedures, employers should carefully ensure that each step is completed correctly before submitting the application.