PERM labor certification

Within the employment-based immigration system, PERM labor certification serves as the process through which an employer demonstrates to the U.S. Department of Labor (DOL) that no qualified U.S. workers are:

• Qualified;
• Available; or
• Willing to accept a permanent position.

It is the first mandatory step to obtain employment-based permanent residence in most EB-2 and EB-3 cases. In addition, it ensures that hiring a foreign worker does not adversely affect wages or working conditions in the U.S. labor market.

In simple terms, PERM labor certification is not a visa or a work permit, but rather a prior labor approval that allows the employer to move on to Form I-140.

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In the following sections, you will find a clear and scannable explanation of what PERM labor certification is, how it works and what role it plays on the road to a Green Card, including the basic requirements and the overall process flow.

Basic guide to PERM labor certification to obtain an employment-based Green Card

The first step to understanding this process is to know what the DOL verifies and why this filter is so important within the employment-based immigration system.

What PERM labor certification is and what it is for

PERM labor certification is the DOL’s official approval confirming that an employer:

• Has recruited U.S. workers in accordance with the recruitment rules.
• Has not found qualified, available and willing U.S. candidates.
• Is offering a wage that meets or exceeds the required level for that position and location.
• Complies with all legally required working conditions.

Once PERM labor certification is approved, the employer may file the I-140 immigrant petition, the next step toward a Green Card. The entire process is governed by 20 CFR 656, which sets out the rules on recruitment, audits, documentation and wages.

How PERM fits into EB-2 and EB-3 visas and the path to a Green Card

PERM labor certification is required in most EB-2 and EB-3 cases:

• EB-2 visa: Professionals with advanced degrees or exceptional ability.
• EB-3 visa: Professionals, skilled workers and “other workers.”

The path to a Green Card usually follows this order:

1. The employer obtains PERM labor certification.
2. The employer files the I-140 petition with USCIS.
3. The worker applies for permanent residence through adjustment of status or consular processing, as applicable.

The current immigration priority date also plays a role here, since it determines when the I-485 can be filed or consular processing can begin.

PERM labor certification requirements for employers and workers

To minimize audits and delays, both the employer and the worker must meet very specific requirements regulated by 20 CFR 656.

Position requirements: job offer, full-time schedule and wage

Before filing a PERM application, the employer must show that the position:

• Is permanent and full-time, not temporary or based on a short-term contract.
• Has well-defined duties consistent with the occupational classification.
• Offers a wage that meets the level set by the DOL for that occupation and geographic area.
• Respects federal, state and local labor law requirements.
• Is advertised through genuine recruitment, with no hidden requirements or unjustified preference for the foreign worker.

The wage is calculated based on the geographic area, the job level, the minimum experience and the responsibilities. If the offered wage is below the DOL-required level, the case may be questioned, audited or denied.

At this stage, it is useful to better understand your labor rights as an immigrant, especially if the worker is already in the United States.

Minimum profile of the foreign worker: education, experience and status

The worker must meet all minimum requirements defined by the employer before the PERM application is filed. The DOL reviews whether those requirements are reasonable and not tailored to a specific individual.

In practice, the profile usually includes:

• Education: College degree, technical training or advanced studies, depending on the job category.
• Professional experience: Years of prior experience in similar duties.
• Licenses or certifications, when required by the profession.
• Verifiable skills, demonstrated through experience letters or academic records.

Regarding immigration status:

• The worker may be inside or outside the United States.
• If the worker is in the country with valid status, PERM labor certification does not, by itself, change that status, but it is part of the overall strategy toward permanent residence.
• Later on, the worker may apply for adjustment of status or consular processing, depending on the case.

Step-by-step PERM labor certification process

The PERM process follows a strict sequence established by the DOL. Each stage has its own rules and timelines, which together affect the total processing time.

Stage 1: Prevailing wage determination (PWD)

The first technical step is to request the prevailing wage determination (PWD) from the DOL. This wage sets the minimum the employer must pay the foreign worker once permanent residence is granted.

Key points at this stage:

• It is filed exclusively through the DOL’s FLAG system.
• The DOL analyzes the job title, location, minimum requirements and level of responsibility.
• Processing times are usually 6 to 8 months or more, depending on workload.
• The employer cannot offer a wage below the PWD.
• Once the wage is set, the employer can start PERM recruitment in accordance with 20 CFR 656.

Stage 2: PERM recruitment process

Recruitment is the backbone of PERM labor certification. Its purpose is to verify that there are no qualified, available or willing U.S. workers for the position.

The employer must:

• Place advertisements in authorized media (Sunday newspaper and, for professional positions, additional sources).
• Post an internal job notice within the company.
• Prepare a report listing all applications received and the legitimate reasons for rejection.
• Respect a minimum 30-day and maximum 180-day window before filing the ETA 9089.

During recruitment:

• If a qualified U.S. worker applies, the process must be halted.
• Each rejection must be justified with legal, objective and job-related reasons consistent with the minimum requirements.

In practice, this stage usually takes between 6 and 10 weeks.

For individuals outside the country who plan to enter with an employment-based Green Card, it is also useful to understand how family-based immigration works, since it is likewise subject to priority dates and visa availability.

PERM labor certification Form ETA 9089 and the I-140 petition

Once the employer completes recruitment and has the PWD, they can file Form ETA 9089, the official PERM labor certification application with the DOL.

After DOL approval, the next step is the I-140 immigrant petition with USCIS, which connects the job offer to the path toward permanent residence.

How to complete and file Form ETA 9089

ETA 9089 consolidates the information the DOL will review and must be filed electronically, with data consistent with recruitment.

Among other things, it includes:

• Full employer information.
• Job details: title, duties and minimum requirements.
• Recruitment results and reasons for rejecting candidates.
• Offered wage, which must meet the DOL’s required level.
• Information about the foreign worker and their qualifications.
• Declarations made under penalty of perjury regarding the accuracy of the information.

Any inconsistency can delay the decision or lead to an audit. If recruitment was not documented correctly, the case may be denied.

For those pursuing other processes in parallel, it may help to understand what advance parole is, since in some cases it allows individuals to preserve lawful presence while other cases move forward.

What happens after filing the PERM labor certification application?

Once PERM labor certification is approved, the employer files the I-140 immigrant petition with USCIS. This step:

• Confirms that the worker meets the job requirements and the EB-2 or EB-3 category criteria.
• Demonstrates the employer’s financial ability to pay the offered wage.
• Establishes or secures the priority date, which is key to moving forward toward the Green Card.

Standard I-140 processing time is typically several months (approximately 4 to 12 months, depending on the service center).

If the employer wishes to speed up the process, they may request premium processing, which reduces the decision time to 15 calendar days.

Once the I-140 is approved and the priority date is current according to the Visa Bulletin, the worker may apply for adjustment of status or consular processing. This will determine the total time to obtain permanent residence through PERM.

PERM labor certification processing time and overall timeline

One of the most common questions is how long PERM labor certification takes. The total time depends on DOL and USCIS workloads, as well as internal factors specific to the employer.

In general, the timeline includes:

• Prevailing wage determination (PWD).
• Recruitment.
• ETA 9089 review and decision.
• I-140 immigrant petition with USCIS.
• Adjustment of status or consular processing.

Average current processing times by PERM stage (updated to 2026)

Although processing times change frequently, the following is a realistic reference:

Stage of the Process	Form / Agency	Average Time	Key Notes
1. Prevailing Wage (PWD)	DOL (FLAG System)	6 to 7 months	Varies depending on DOL workload.
2. Recruitment	Employer / DOL	6 to 10 weeks	Minimum 30 days and maximum 180 days before ETA 9089.
3. PERM Review (ETA 9089)	DOL	15.5 to 16 months	Without audit. With audit, it may exceed 18 months.
4. Immigrant Petition (I-140)	USCIS	6 to 22 months	Premium Processing available: 15-day decision.
5. Adjustment of Status (I-485)	USCIS	10 to 16 months	Varies by field office and Visa Bulletin.

If you want more context about employment-based categories, you can also review the section on the EB-1 employment-based visa.

PERM labor certification status, audits and delays

Knowing the status of PERM labor certification is essential to calculating timelines and anticipating delays. The DOL will not move a case forward until it confirms that recruitment, wages and documentation all meet the requirements.

Some cases are approved without complications; others are sent to audit, which adds significant time to the process.

How to check the status of PERM labor certification

The status can only be obtained through the employer or the attorney handling the case. The available options are:

• DOL FLAG Portal: The employer or its legal representative can check whether the application is under review, selected for audit or already approved.
• DOL official processing times: These allow you to estimate the general stage of the case based on the filing date.
• Direct confirmation from the employer or attorney: They have access to the full file and official communications.

While PERM labor certification is pending, the worker must keep valid status if they are in the United States. In some situations, other immigration options may help preserve lawful presence.

PERM audit: common reasons and impact on processing times

A PERM audit occurs when the DOL takes a closer look at the file to confirm that the employer strictly complied with the wage, recruitment and documentation rules. It can be random or triggered by specific red flags and almost always lengthens processing time.

Common audit triggers

The most frequent reasons the DOL selects a case for audit include:

• Job requirements that are too restrictive for the occupation.
• Concerns about the prevailing wage or occupational classification.
• Incomplete recruitment documentation or ads that are inconsistent with 20 CFR 656.
• Rejecting U.S. candidates without a valid, objective and non-discriminatory justification.
• Undisclosed or poorly documented family or control relationship between employer and worker.

In an audit, the DOL may request the full recruitment file, copies of all ads and additional explanations.

An audited case often stretches to 12 to 18 months. If the response does not satisfy the DOL, PERM labor certification may be denied.

For those facing sensitive immigration situations while they wait for a decision, it is useful to know which offenses immigration does not forgive, since certain convictions can affect later stages such as adjustment of status or consular processing.

PERM labor certification costs and who pays each fee

Although PERM labor certification itself has no direct DOL filing fee, the overall process does involve USCIS fees and internal costs. It is critical to distinguish what the employer must pay and what the worker may pay, since some employers need to budget before moving forward with the I-140.

USCIS fees and costs associated with PERM-based cases

The most common payments in a case that starts with PERM labor certification are:

• I-140 petition: Current USCIS fee is $715.
• Premium processing: $2,805, optional; reduces the decision time to 15 calendar days.
• Adjustment of status (I-485):
  • Adults: $1,440.
  • Children under 14 filing with a parent: $950.
• Medical examination and personal documents: Variable cost.
• Attorney’s fees: Depending on the overall immigration strategy.

If the worker pursues consular processing abroad, there are additional fees for the DS-260, the consular interview, visa issuance and possible travel expenses. In situations where the individual must leave the United States, it may be helpful to review what voluntary departure involves.

Which expenses the employer must cover and which the worker can pay

Labor and immigration regulations set strict rules on who pays for each stage of a PERM-based case.

The worker MAY NOT pay:

• PERM recruitment costs.
• Costs of preparing and filing ETA 9089.
• Any payments that directly or indirectly reduce the worker’s wage below the required level.
• Attorney’s fees related to the PERM stage.

A violation of these rules can trigger an audit or lead to a denial.

The employer MUST cover:

• All PERM recruitment costs.
• Attorney’s fees for the PERM stage.
• The I-140 filing fee.
• Premium processing, if the employer chooses to use it.

The worker may pay, if they wish:

• Their own I-485 adjustment of status filing fees.
• Medical exams, translations and other personal documents.
• Consular processing fees, if applicable.
• Attorney’s fees for their own I-485 stage, if agreed.

Improper allocation of fees can seriously harm the case and even result in a denial. For another example where the employer’s financial analysis is key, you can review the EB-5 investor visa, which is focused on investment.

Documents for PERM labor certification and audit file

PERM labor certification requires solid documentation. The employer must show that recruitment was genuine, that the wage complies with the regulations and that the candidate meets the minimum job requirements.

A well-organized file reduces the risk of audits and makes it easier to respond quickly if the DOL requests additional information.

Employer documentation: ads, reports and PERM file

The employer must maintain a complete file supporting each step of the process, even though it is not all submitted initially to the DOL. This usually includes:

• The prevailing wage determination (PWD).
• Copies of all published ads, including date, medium and exact text.
• The internal job posting within the company.
• A list of U.S. candidates who responded to the ad.
• The reasons for rejecting each non-selected candidate.
• A detailed job description and minimum requirements.
• Evidence of recruitment conducted under 20 CFR 656 and any correspondence with the DOL.

This file must be kept for at least five years after filing ETA 9089. For workers who will later continue along the employment route, it can also help to understand how the process to renew a 2-year conditional Green Card works.

Worker documentation: education, experience and licenses

The worker must provide documentation proving that they meet the requirements described by the employer in ETA 9089.

The most important documents include:

• Academic degrees: bachelor’s, master’s, doctorate or technical training.
• Credential evaluations if studies were completed outside the United States.
• Letters of work experience specifying duties, dates and responsibilities.
• Professional licenses or certifications, when required for the position.
• Evidence of technical skills if the job requires specific expertise.

It is critical that the worker meets all requirements before PERM is filed, since the requirements cannot later be “adjusted” to fit the candidate.

For individuals who need additional guidance as they move toward permanent residence, the marriage-based Green Card interview questions can be illustrative, as they show how officers evaluate eligibility and evidence.

PERM labor certification denial reasons and options if your case is rejected

If the DOL denies PERM labor certification, the employer may consider the following options:

Request internal review (Request for Reconsideration)

The employer may ask the same certifying officer to re-evaluate the decision based on errors of fact, law or interpretation, using evidence already in the file.

Appeal to BALCA

The case may be appealed to the Board of Alien Labor Certification Appeals (BALCA). This route usually takes longer, but allows a panel to review the decision and correct improper determinations.

To understand how other immigration areas handle negative decisions, you can review when it is possible to win an immigration appeal.

Filing a new PERM

If the issue was technical or related to recruitment, it is often faster to restart the process from scratch with new ads and a corrected ETA 9089.

Exploring other immigration options

In some cases, the worker may qualify for routes that do not require PERM, such as certain EB-1 categories, EB-2 NIW or a combination of employment-based and family-based options.

For a practical example, you can review whether a U.S. citizen can petition for their siblings.

A denial does not automatically cancel other immigration processes for the employer or the worker, but it can increase the total timeline if PERM labor certification has to be restarted.

Frequently asked questions about PERM labor certification, work and job changes

Those going through the PERM process often have questions about their current job, the ability to travel or changing employers after approval. These concerns are directly linked to the status of PERM labor certification and the overall Green Card strategy.

Can I remain in the U.S. after PERM is approved?

Yes, but it is important to understand that PERM labor certification does not grant immigration status.

Although it allows the case to move on to Form I-140, the worker must continue to maintain valid status while the process continues. For example:

• If the worker holds a valid nonimmigrant visa (for example, H-1B), they may remain in the U.S. while the employer files the I-140.
• An approved PERM can help extend certain work visas.
• If the person is already out of status, PERM by itself does not fix that situation.

To better understand the impact of falling out of status, you can review the consequences of unlawful presence in the U.S..

Can I change jobs after PERM has been approved?

In most cases, no. PERM labor certification is tied to a specific employer and a specific job.

If the worker changes companies before completing the I-140 and adjustment of status, a new process usually has to be started. There are exceptions when an I-140 has already been approved and the I-485 has been filed.

To understand how USCIS evaluates changes in circumstances, you can look at family-based residence topics, for example: “What happens if you divorce before the Green Card interview”.

Does PERM labor certification work differently in California, Coral Springs or Broward County?

No. The PERM process is 100% federal and applies the same way in every state. It is regulated exclusively by the DOL, so the rules, requirements and timelines do not change by location.

Are PERM wages higher in California?

Yes. California generally has higher wage levels, which can increase the prevailing wage (PWD) that an employer must offer before filing PERM labor certification.

Can there be more U.S. candidates in recruitment depending on the region?

Yes. In areas with a strong labor market (such as Silicon Valley or Los Angeles), there is usually more competition, which can affect the PERM recruitment stage.

By contrast, in some parts of Coral Springs or Broward County there may be less competition, which can make the process easier.

What other visa depends on accurate occupational classification like PERM?

The H-1B visa also requires proper occupational classification and a valid prevailing wage. If you want to see how eligibility is analyzed for specialty occupations, the H-1B visa guide is a good reference.

PERM labor certification attorney services in California and Los Angeles

PERM labor certification is a technical process: an error in the wage, recruitment or ETA 9089 can trigger audits, delays or a denial.

For that reason, both employers and workers in California often seek specialized legal support.

How can an attorney experienced in PERM help?

An experienced attorney keeps the case strong from the beginning and helps avoid mistakes:

• Correctly defines the position and avoids requirements that trigger audits.
• Selects the right occupational classification, which is key to receiving the proper prevailing wage.
• Oversees PERM recruitment, ensuring compliance with 20 CFR 656.
• Prepares ETA 9089 without inconsistencies between wage, duties, ads and requirements.
• Responds to DOL audits with complete evidence.
• Coordinates the entire strategy, from PERM through I-140 and adjustment of status or consular processing.

Proper legal guidance reduces risk, speeds up the process and increases the chances of success.

If you want to compare this employment route with advanced alternatives, you can review our O visa guide, aimed at individuals with extraordinary ability.

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Call our immigration lawyers in Los Angeles today to receive guidance tailored to your situation.