What PERM requires employers to do
PERM is administered by the Department of Labor (DOL) and requires employers to conduct a bona fide recruitment campaign for the position they are sponsoring. The goal is to test the US labor market — to confirm that no qualified, available, and willing US worker exists for the role at the prevailing wage before the green card is filed.
Mandatory recruitment steps include: a job order with the State Workforce Agency (SWA) for 30 consecutive days, two Sunday newspaper advertisements, and for professional positions, at least 3 additional recruitment steps from a list of 10 options (job fairs, employer's website, job search websites, on-campus recruitment, trade publications, professional organizations, notice to bargaining units, etc.). The recruitment period must be completed and the employer must wait 30 days before filing the PERM application (to allow US workers to respond).
The PERM application and DOL processing
After completing recruitment, the employer submits the ETA Form 9089 (Application for Permanent Employment Certification) electronically through the DOL iCERT system. The employer certifies that they found no qualified US worker and that they will pay the prevailing wage (determined by a Prevailing Wage Determination from DOL or an independent wage survey). DOL adjudicators review the application without an in-person interview.
DOL's current processing time for PERM applications is approximately 6–18 months for non-audited cases. A subset of PERM applications are selected for audit — randomly or if DOL detects potential issues (unusual occupation or salary, high proportion of foreign employees in the unit, etc.). Audited cases require the employer to submit the complete recruitment file and can take an additional 12–24 months.
What happens if PERM is denied
DOL can deny PERM for various reasons: insufficient recruitment steps, failure to post correctly, failure to consider US workers for the position, incomplete documentation, wages below the prevailing wage, or material misrepresentation. The employer can request reconsideration or appeal to BALCA (Board of Alien Labor Certification Appeals). Denied PERM applications can be refiled, but refiling resets the priority date — making early, thorough PERM preparation critical for maintaining a favorable queue position.
Related Questions
Does the employee's priority date start when PERM is filed or approved?
The priority date for EB-2 and EB-3 categories is the date the PERM application (ETA Form 9089) is received by DOL — not when it is approved. This means filing quickly (as soon as the recruitment period is complete) secures the earliest possible priority date.
Who pays for PERM?
By regulation, the employer must pay all PERM-related costs including the prevailing wage determination fee, recruitment costs, and attorney fees. These costs cannot legally be passed to the employee.
Can PERM be filed for a position that doesn't exist yet?
No. PERM must be filed for a current, bona fide job opening. The employer must intend to employ the worker in the position described, and the employee should actually hold a similar role during the process.
Does PERM guarantee I-140 approval?
No. I-140 is a separate USCIS petition. PERM certification (DOL approval) establishes that no US worker is available, but USCIS still adjudicates whether the employee meets the job requirements (degree, experience) for the EB-2 or EB-3 category.
Is PERM required for all employment-based green cards?
No. EB-1A (extraordinary ability), EB-1B (outstanding researcher), EB-1C (multinational manager), and EB-2 NIW (national interest waiver) do not require PERM. Most EB-2 (advanced degree) and EB-3 (skilled worker, professional) petitions do require PERM.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.