PERM Labor Certification

PERM Labor Certification is an electronic program started in 2005 that issues labor certifications to foreign workers. PERM filing allows noncitizens to gain labor certification from the U.S. Department of Labor (DOL) as the first step in the employment-based green card process.

The DOL PERM certification serves as proof that there are not enough U.S. workers able, willing, qualified, and available to work in certain industries. It also proves that the employment of foreign workers will not negatively impact the wages and working conditions of U.S. workers.

Do I Need PERM Labor Certification?

You need PERM labor certification if you are a foreign national who would like to work in the U.S. permanently. In addition, it is a requirement for you if you wish to immigrate to the U.S. under the second (EB-2) and third (EB-3) employment-based preference categories.

You are only exempt from the standard PERM filing process if you are a nurse, physical therapist, or another type of worker who doesn’t need PERM certification. The U.S. government may also waive this condition if your employment benefits the national interest.

How Can I Gain PERM Labor Certification?

The PERM filing process is complicated, but you can complete it step by step with the help of your prospective employer and your immigration lawyer:

Step 1: Secure an Employment Offer

First, secure an employment offer from a legitimate U.S. employer. The employer may be a corporation, firm, association, or individual. The offer can be prospective since you don’t have to be currently working for the sponsoring employer or to be based in the U.S. to start the procedure.

Step 2: Your Prospective Employer Must Offer a Prevailing Wage

After you get an employment offer, your potential employer should request a prevailing wage determination from the DOL. The DOL will set a prevailing wage for the position the company is offering you.

Your required minimum salary will be based on the job, location, and position level of your potential job. For example, an entry-level position will have a lower prevailing wage than a management position. A job in a city may pay a higher salary than a similar job in a remote town.

Keep in mind that your future employer can pay you less than the prevailing wage until you transition from a foreign worker to a permanent resident. Nevertheless, the employer must prove from the start that the company has the financial ability to pay the prevailing wage.

Step 3: Your Potential Employer Should Conduct a Recruitment Process

Once you have been offered the prevailing wage, your prospective employer must establish that your future employment will not displace U.S. workers by conducting a recruitment process. Then, the company can test the labor market by posting advertisements in the local newspaper, with the state workforce agency, and in the business venue.

The employer should place additional advertisements for positions that typically require a bachelor’s degree or a higher level of education. For example, the company may post ads on its official website, job search websites, trade or professional organization publications, and public job fairs.

Step 4: Your Prospective Employer Must Submit the ETA Form 9089

After proving that there are no qualified or willing U.S. workers through the recruitment stage, your potential employer should fill out and submit the ETA Form 9089 to the DOL. This form is also known as an “Application for Permanent Employment Certification.” The application, which does not involve a filing fee, may be filed by the employer online. While the DOL processing times may vary, applications by employers are usually settled within several months. 

How Can I Gain a Permanent Resident Card?

PERM labor certification is essential for a foreign worker who wants to become a U.S. permanent resident through employment. However, PERM filing is not the only process you must complete to gain a green card.

Once the DOL approves the labor certification application, your future employer should submit it to the right USCIS Service Center and a Form I-140, also called “Immigrant Petition for Alien Workers.” Note that the labor certification only has a validity period of 180 days, so it will expire if not submitted to the U.S. Citizenship and Immigration Services (USCIS) within this time frame.

After the immigrant petition is filed, you may also  potentially Form I-485, “Application to Register Permanent Residence or Adjust Status.” You can only file your application for adjustment of status if an immigrant visa is currently available and you are inside the United States. You will have to apply for an immigrant visa at a U.S. Embassy abroad if you are not eligible for adjustment of status.

Next Steps

The PERM filing process can be complex since it involves a lot of technical paperwork for you and your prospective employer. Reach out to us if you need expert legal assistance from an experienced immigration lawyer as you seek PERM Labor Certification. We have over 40 years of experience assisting clients with DOL PERM requirements and other immigration needs.