PERM Labor Certification for Employers

Attorney Advertising. Kyle Farmer, Farmer Law PC, Austin, TX.

Short answer: PERM is the U.S. Department of Labor (DOL) process that most employers must complete before sponsoring a foreign worker for an employment-based green card in the EB-2 or EB-3 category. The employer tests the U.S. job market first. It gets a prevailing wage determination, tests the market through recruitment, files Form ETA-9089 with DOL, and then files Form I-140 with USCIS.

Book a Free 15-Minute Intro Call or call (512) 588-5909.

Start with a free 15-minute intro call. The intro call is a short introduction, not legal advice.

Farmer Law PC is an immigration law firm based in Austin, Texas. It works with employers across the United States. Immigration law is federal, so your company’s location doesn’t limit who can represent you.

Who is PERM for?

Employers that want to keep a foreign national employee long-term, for example someone currently in H-1B, L-1, TN, O-1, or E-2 status, or a new hire from abroad.
Employers moving from temporary programs to permanent staffing.

PERM is the first step for most EB-2 and EB-3 green cards. See our EB-3 visa page.

What are the steps in the PERM process?

Define the job. Write the actual minimum requirements for the position: education, experience, and skills the business truly needs.
Prevailing wage determination (Form ETA-9141). DOL sets the minimum wage the employer must offer for the job in the area of intended employment.
Recruitment. The employer tests the U.S. labor market through the recruitment steps DOL requires and keeps documentation of every step.
Review applicants in good faith. U.S. applicants are considered on the job’s stated requirements.
Notice of filing. The employer gives the notice of filing DOL requires.
File Form ETA-9089 through FLAG.
DOL decision. DOL publishes current PERM processing times on flag.dol.gov.
Form I-140 with USCIS, within the 180-calendar-day validity period.
Green card stage. When the worker’s priority date is current under the Visa Bulletin, the worker applies for the green card.

Planning a PERM case? Book a Free 15-Minute Intro Call

Start with a free 15-minute intro call.

Who pays for PERM?

PERM costs are the employer’s.

How long does PERM take?

There is no fixed timeline. DOL publishes its current processing times on its FLAG processing times page. These are DOL’s averages across all applications, and the numbers change month to month.

How Farmer Law PC can help employers

Attorney review of whether PERM fits the role and the worker
Job requirement drafting before recruitment starts
Prevailing wage requests, a recruitment calendar, and ad review
The recruitment report, the notice of filing, and the ETA-9089 filing through FLAG
Audit responses, the I-140, and coordination with the green card stage

No one can promise a PERM outcome. DOL and USCIS decide each case on its own record. For other employer options, see our employment immigration page.

Start with a free 15-minute intro call

A short intro call with our team to learn about the role and your timeline and confirm whether we can help. It’s an introduction, not legal advice.

Book a Free 15-Minute Intro Call or call (512) 588-5909.

FAQ

What is PERM labor certification?
It’s the Department of Labor process that most employers must complete before sponsoring a worker for an EB-2 or EB-3 green card. The employer tests the U.S. job market first.

Who files PERM, the employer or the employee?
The employer. DOL states that filing is the employer’s responsibility.

How long is a PERM certification valid?
180 calendar days. The employer must file Form I-140 with USCIS within that period, or the certification expires.

Attorney Advertising. Kyle Farmer is the attorney responsible for this website. Farmer Law PC’s principal office is in Austin, Texas. Past results do not guarantee a similar outcome. Using this site or contacting us does not create an attorney-client relationship. Please don’t send confidential information until we confirm we can represent you.