Navigating the complexities of obtaining a Green Card in the United States can be a daunting task, especially for employers and foreign workers aiming to ensure compliance with immigration laws. A crucial step in this process is the PERM Labor Certification, a prerequisite for most employment-based Green Card applications.
In this article, we will explain everything about PERM Labor Certification and how to apply for it step by step. Read on!
What Is PERM?
PERM, referring to Program Electronic Review Management, is a permanent labor certification program launched by the Employment and Training Administration (ETA) of the U.S. Department of Labor (DOL). It aims to evaluate whether recruiting a foreign national will happen to the detriment of local workers in a similar field. The employer must obtain a PERM certification before filing an Immigrant Petition for Alien Workers and sponsoring a non-US employee to apply for an employment-based visa. DOL requires the applicant to prove that no U.S. worker is capable or willing to take the vacant position and it is necessary to hire overseas.
Who Are Eligible for PERM Labor Certification?
To be qualified for the permanent labor certification process, both the employer and employee should satisfy the following requirements.
- The wage for alien workers should be equal to or higher than the prevailing wage for the position. The Prevailing Wage Determination (PWD) is available at the State Employment Services Agencies (SESAs), also known as State Workforce Agencies (SWAs).
- The wage does not depend on bonuses, commissions or other financial incentives unless the employer guarantees to offer at least prevailing wages.
- The job vacancy must be open to native American workers.
- Any potential American employee has been disqualified from the job title for legal reasons.
- The employer has enough budget to pay the promised wages;
- The employer has studied the local job market and proven that no native workers are qualified for this position.
- The employer will put the employee on payroll before or as soon as he/she arrives in the US.
- The employer should not have discrimination in age, gender, religion, race, nationality, or disability.
- The recruitment must be fulfilled within 6 months of submitting the PERM application.
- The employer must have placed a job order with SWA for at least 30 days and advertised the job in 2 consecutive Sunday editions of a local newspaper or 1 Sunday edition as well as a relevant professional journal.
- The position is not part-time or temporary.
- The employer should be a US citizen.
- The employer should provide lawful working conditions and terms of employment.
- For professional occupations, the employee must have at least a bachelor’s degree, or equivalent.
- The employee should meet all eligibility criteria for the position.
What Documents Are Required for PERM Application
PERM processing time can take even a few years. It will be desperate to be rejected after waiting for such a long time. Therefore, it is necessary to get everything prepared before starting. In this section, we will introduce supporting documents for the application for permanent labor certification.
- Prevailing Wage Request.
- Job orders.
- Newspapers Ad.
- Audit file of U.S. employer (if applicable).
- Proof of employment, such as a job offer or employment contract showing job titles, salaries, duration of employment, etc.
- Proof of skills, degrees, and experience of the sponsoring employee, indicating that he/she is qualified for the position.
- Labor market analysis proves that no qualified or willing native workers for the posted position.
- ETA 9089 form.
How to Apply for PERM
The permanent labor certification process goes through a few steps. Let’s see what they are.
Post A Job Offer in the US
The employer who is looking for a worker should post the recruitment for 30 to 180 days to make sure that no US citizens or lawful permanent residents are available or qualified for the job. The ad should be available on one of the following channels.
- Broadcasting
- Television
- Local newspapers
- The company’s official website
- Notice board of an employment organizations
- Job seeking websites
- Employment fairs
Request A Prevailing Wage Determination
The employer should obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The prevailing wage for foreign workers is determined by DOL based on the company location, minimum job requirements, job responsibilities, etc.
Finish Pre-Filing Recruitment Process
After receiving the PWD, the employer should place a job advertisement to evaluate the labor market. A recruitment report should be submitted to explain how many US applicants are rejected and why. If a willing or qualified US worker takes the position in 2 months, the DOL will stop this process, and the employer needs to wait for another 6 months to re-evaluate.
Submit the PERM Labor Certificate Application
Now that the employer cannot find a qualified and willing US worker through the steps above, he/she can apply for permanent labor certification. It can be done online or by mail.
- Electronic applications are more convenient and efficient. All you need to do is register on the DOL portal, fill out, and submit the ETA Form 9089.
- Paper applications should be sent to the Atlanta NPC at the following address.
Employment and Training Administration
Office of Foreign Labor Certification
Atlanta National Processing Center
Harris Tower
📍 233 Peachtree Street, Suite 410
Atlanta, Georgia 30303
Phone: (404) 893-0101
Fax: (404) 893-4642
PERM Processing Time
From the time of obtaining PWD to permanent labor certification approval, takes about 430 and 700 days. Here is a detailed timeline.
| Period | Processing Time |
| Prevailing wage determination | 160 to 180 days (5-6 months) |
| DOL analysis | 150 to 190 days (5-6 months) |
| Recruitment process | 25 to 55 days (1-2 months) |
| Decision on your Form-9089 | 30 to 90 days (1-3 months) |
| Audit Review (if applicable) | 250 days to 280 days (8-9 months) |
Please note that the PERM processing time will be influenced by the volume of PERM applications, staffing, updates to immigration regulations, audits, or re-consideration.
PERM Application Fee
DOL does charge fees for PERM, but the applicant should pay for a visa or green card to the USCIS and there might be extra costs related to PERM certification. The employer needs to pay for the following services.
- Recruitment Advertising Fees
Each ad costs about $500, and it might vary due to the circulation of the newspaper, the size of the advertisement, etc.
- Lawyer Fees
It applies when the employer hires an attorney for consultancy or paperwork and it differs from person to person. Lawyer fees range from $2000 to $6000.
- Filing Fees for Forms Filed With USCIS
The fee for Form I-140, Immigrant Petition for Alien Workers, is $700, and Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,225.
How to Check PERM Status
An employer cannot hire any prospective employee until the permanent labor certification is approved. The process takes a few months. During this period, it is necessary to check the PERM status instead of aimlessly waiting. If you applied by paper, please call the National Processing Center at 404-893-0101 and provide details of your application to check the status. If you apply online, please do as follows.
- Find a case number and filing date in the confirmation email from DOL.
- Go to the DOL official website to check processing time.
- It reflects the time of applications under processing and the number of remaining quests, which are monthly updated. When you see your filing date on this page, it means your application is being processed, under audit, or being denied.
What is the PERM 1-Year Rule?
As it takes more than one year to obtain PERM approval, the 1-year rule allows the foreign worker to remain in the US with an H1B visa during the PERM is pending. In this case, your working experience and income will not be disrupted. According to this regulation, you can obtain an extension every year until your PERM application is approved or denied.
Your employer will apply for the extension on your behalf through the steps below.
- Submit a new H-1B petition to USCIS.
- Cite the specific 1-year rule to support the request.
- Provide proof of pending PERM, such as the PERM filing receipt notice dated at least 365 days ago.
FAQ
Q1: Can I stay in the US while perm is pending?
A: Yes, as long as you hold a valid US visa or a passport issued by the country exempt from a US visa.
Q2: Can I travel during the PERM process?
A: Yes. The PERM application is submitted by your employer and it does not change your travel eligibility which is determined by the current visa or nonimmigrant/immigrant status.
Q3: Is a PERM resident a US citizen?
A: No. Foreign nationals can only obtain permanent residency through PERM and are yet to be US citizens.
Q4: Can I speed up the PERM process?
A: No. The fastest way is to get all documents ready and file the petition correctly to avoid the audit process.
Q5: How long does a PERM last?
A: It will last up to 3 years until the final decision.
Summary
PERM is a lengthy process, including local recruitment, Prevailing Wage Determination (PWD) request, local job market analysis and application for permanent labor certification. The PERM processing time might range from 1 to 3 years for a US employer to invite a foreign national to work and live permanently in the United States. We hope this passage helps you, either as an employer or employee, to fully understand the permanent labor certification process, thus getting everything ready in advance and waiting patiently. If the foreign worker hasn’t received the final decision on the PERM application, don’t forget to apply for an extension for the current work visa in case of being punished for overstaying.
Dolores Xiao