For many employer-sponsored green card cases, the PERM labor certification process is the first major government stage. It tests whether a US employer can find an able, willing, qualified and available US worker for a permanent full-time job, and whether hiring the sponsored worker would harm wages or working conditions for similarly employed workers.
PERM is usually required before an employer files an EB-2 or EB-3 immigrant petition, although exceptions include some National Interest Waiver and Schedule A cases. The employer controls and files the process. The foreign worker is the beneficiary, but cannot replace the employer as the applicant.
Step 1: Define the Permanent Job
The employer begins by identifying the position, worksite, duties and genuine minimum requirements. Those requirements must reflect actual business needs rather than qualifications written around one individual. Education, experience, travel and special skills must remain consistent across the prevailing wage request, recruitment materials and final application.
This stage is easy to underestimate. A later change in location, duties or minimum qualifications can force a restart. For example, advertising a software role as requiring two years of experience and later filing it as requiring four years creates a material inconsistency.
Step 2: Obtain the Prevailing Wage
Before filing PERM, the employer must obtain a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center. The request is normally submitted through FLAG using Form ETA-9141. DOL considers the occupation, required skills, work location and wage source, then assigns the minimum wage for the sponsored position.
The employer may pay more than the prevailing wage, but not less when the worker obtains permanent residence and begins the sponsored employment. As of the update covering June 30, 2026, DOL was working on PERM wage requests submitted in April 2026 using OEWS data and March 2026 for non-OEWS sources. Many requests therefore take several months, although reviews can take longer.
Step 3: Conduct PERM Recruitment
PERM recruitment is not a search for the “best” applicant. It tests whether qualified US workers are available under the stated minimum requirements. The employer must follow detailed advertising rules and consider applicants in good faith.
Recruitment for Professional Occupations
For a professional occupation, the campaign generally includes a 30-day State Workforce Agency job order, two Sunday newspaper advertisements and a notice of filing at the worksite. The employer must also use three additional methods from the regulatory list, such as its website, a commercial job site, campus recruitment, a trade organisation, a private employment firm, an employee referral programme, a local newspaper, or radio and television advertising.
Timing the Recruitment Window
Most recruitment must take place no more than 180 days and no fewer than 30 days before filing Form ETA-9089. One additional professional recruitment step may fall within the final 30 days. The notice of filing generally must be posted for at least 10 consecutive business days.
A practical approach is to build a calendar backwards from the intended filing date. Record publication dates, job-order dates, invoices, screenshots, applications and interview notes as the campaign runs. Reconstructing the file later increases the risk of missing evidence.
Step 4: Review Applicants and Prepare the Report
The employer must review potentially qualified US applicants using the advertised requirements. Rejections need lawful, job-related reasons. An applicant cannot be rejected merely because the sponsored worker appears stronger or because modest training would be inconvenient.
The employer then prepares a recruitment report describing the steps taken, the number of applicants and hires, and the lawful reasons US applicants were rejected. Evidence is not normally uploaded with the initial filing, but it must be retained and produced if DOL issues an audit.
Step 5: File Form ETA-9089
After recruitment and the waiting period, the employer files Form ETA-9089 through FLAG. The filing date becomes the employment-based priority date. The form covers the employer, job, wage, recruitment, worker’s qualifications and any relationship affecting whether the opportunity was genuinely open to US workers.
Accuracy matters because DOL may deny a case for inconsistencies or non-compliance even when the job is legitimate. Employers should compare the form line by line against the wage determination, advertisements and recruitment file before submission.
Step 6: DOL Review, Audit or Decision
DOL may certify the application, deny it or select it for audit. An audit requests evidence and sets a response deadline. Some cases are randomly audited; others raise questions about requirements, recruitment, ownership, layoffs, applicant review or the relationship between the employer and worker.
As of July 17, 2026, DOL reported analyst review of cases with July 2025 priority dates. The June 2026 average for analyst determinations was 403 calendar days. These figures change monthly and are not guarantees. An audit can add substantial time because it enters a separate review path.
Step 7: Move to the I-140 Stage
A certified PERM does not grant immigration status or work authorisation. It allows the employer to file Form I-140 with US Citizenship and Immigration Services. The certification is generally valid for 180 days, so the employer must submit the I-140 before it expires.
After I-140 approval, the worker may still wait for an immigrant visa number under the Visa Bulletin. The final stage is adjustment of status in the United States or immigrant visa processing abroad. Related reading includes employment-based green card categories, understanding priority dates and the difference between consular processing and adjustment of status.
How Long Does the Full PERM Process Take?
A realistic 2026 estimate includes several months for the prevailing wage, at least two to three months for recruitment and waiting periods, and around 13 months for DOL analyst review based on the June 2026 average. Preparation delays, audits, reconsideration or recruitment problems can extend the process well beyond that range.
A rushed filing can lose more time than careful preparation because a denial may require a new prevailing wage, new recruitment and a new priority date.
Frequently Asked Questions
Is PERM required for every EB-2 and EB-3 case?
No. It is common for employer-sponsored EB-2 and EB-3 cases, but exceptions include National Interest Waivers and qualifying Schedule A occupations. The correct route depends on the classification and facts.
Can the employee pay for PERM recruitment?
The employer is responsible for required PERM recruitment and may not transfer prohibited employer costs to the sponsored worker. Payment arrangements should be reviewed with qualified immigration counsel.
Can a PERM case be expedited?
DOL does not offer premium processing for PERM. USCIS premium processing may be available later for an eligible I-140, but it does not speed the prevailing wage, recruitment or DOL certification stages.
Does PERM approval guarantee a green card?
No. DOL certification is one step. USCIS must approve the immigrant petition, a visa number must be available, and the worker must qualify for adjustment of status or an immigrant visa.
Plan the Process as One Connected Record
PERM works best when the job description, prevailing wage, advertising, applicant review and ETA-9089 tell the same story. Employers should treat every stage as part of one compliance record. Careful preparation cannot eliminate government backlogs, but it can prevent avoidable restarts and protect the priority date supporting the later green card process.