How long does PERM take?

Timelines vary with DOL processing, but the prevailing wage determination and recruitment together typically take several months, and DOL adjudication of the ETA-9089 can take additional months. Audits extend the timeline further.

What is the priority date?

The priority date is the date the DOL accepts your PERM application. It establishes your place in line for an immigrant visa number. You can use the green card only when your priority date becomes current under the Visa Bulletin for your category and country of birth.

What is a PERM audit?

The DOL may randomly or for cause select a PERM application for audit, requiring the employer to submit the full recruitment file and supporting documentation. A well-documented case is prepared to withstand an audit; we maintain the complete record from the start.

Can I change jobs during the green-card process?

Under AC21 portability, once your I-485 has been pending for at least 180 days, you may change to a same-or-similar job and keep your priority date and approved I-140. Before that point, changing jobs generally requires restarting PERM with the new employer.

Does an EB-1 or NIW require PERM?

No. EB-1A, EB-1B, EB-1C, and the EB-2 National Interest Waiver all skip PERM. PERM is required for standard EB-2 and EB-3 cases where the employer is sponsoring a specific position.

PERM Labor Certification (EB-2 / EB-3)

What Is PERM Labor Certification?

PERM (Program Electronic Review Management) is the first stage of most employer-sponsored EB-2 and EB-3 green cards. Through it, a U.S. employer obtains a labor certification from the Department of Labor (DOL) confirming that there are no able, willing, qualified, and available U.S. workers for the position, and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

PERM is an employer-driven process — the employer, not the worker, is the petitioner, and the employer must bear the cost of the recruitment and the labor-certification filing. Once PERM is certified, the employer files Form I-140, and the worker later files for adjustment of status or consular processing.

Why PERM Matters

Opens the EB-2 and EB-3 green-card categories for most professionals.
Establishes the priority date that governs your place in line.
Supports both advanced-degree (EB-2) and skilled/professional (EB-3) roles.
No quota on the labor certification itself — backlogs are at the visa stage.
Compatible with H-1B, L-1, O-1, and other dual-intent statuses.
Foundation for AC21 H-1B extensions beyond the six-year limit.

EB-2 vs. EB-3 Through PERM

The same PERM process supports two preference categories. EB-2 is for positions that require an advanced degree (master's or higher) or a bachelor's plus five years of progressive experience, or for individuals of exceptional ability. EB-3 covers professionals with a bachelor's degree, skilled workers requiring at least two years of training or experience, and certain other workers.

The category is determined by the minimum requirements of the job as advertised, not simply by the worker's own credentials. We help structure the role and recruitment so the position is classified correctly and supports the strongest available priority date.

PERM Process Steps

PERM is a sequenced, deadline-driven process. Each step must be completed in the correct order and documented carefully.

Step 01

Prevailing Wage Determination

We file a request with the DOL to determine the prevailing wage for the role, location, and requirements. The employer must offer at least this wage.

Step 02

Recruitment Campaign

The employer conducts the required recruitment — job order, newspaper ads, and additional steps for professional roles — and documents the results over the mandated period.

Step 03

ETA-9089 Filing

After the recruitment and quiet period, we prepare and file the ETA Form 9089 labor certification application with the DOL.

Step 04

I-140 and Green-Card Stage

Once PERM is certified, the employer files Form I-140. When the priority date is current, the worker files Form I-485 or proceeds with consular processing.

Documents and Records for PERM

PERM requires careful recordkeeping from both the employer and the worker. Most cases involve the following.

Employer Records

Prevailing wage determination from the DOL
Recruitment documentation (ads, job order, internal posting)
Recruitment report summarizing applicant review
Job description with minimum requirements
Proof of ability to pay the offered wage

Worker Documents

Degree certificates and transcripts
Credential evaluation for foreign degrees
Experience verification letters
Professional licenses (if required for the role)
Passport and current immigration status documents

Green-Card Stage

Certified ETA-9089 labor certification
Form I-140 supporting evidence
Form I-485 package (when priority date is current)
Medical exam (Form I-693)

Frequently Asked Questions

By law, the employer must pay all costs of the PERM labor certification, including recruitment advertising and the attorney fees associated with preparing the labor certification itself. The worker may pay for later stages such as the I-485, depending on the arrangement.