PERM Labor Certification

PERM labor certification is the U.S. Department of Labor approval an employer generally needs before filing an immigrant petition for a foreign worker. DOL must find that qualified U.S. workers are not available and that the hire will not hurt wages or conditions for similar workers.

It is one step in employment-based green card sponsorship, and it only tests the labor market. The employer files Form ETA-9089, not the employee.

How Does the PERM Process Work?

The DOL PERM page says the employer must obtain a prevailing wage determination before filing. It then submits Form ETA-9089 online through the FLAG system or by mail.

Review is the long stage. DOL's processing times page showed analyst review reaching cases filed in December 2025 as of October 5, 2026. Check it again before you plan.

The employer signs attestations under penalty of perjury. They include that the offered wage meets the prevailing wage, that the employer can pay it, and that the job has been clearly open to any U.S. worker.

What Does PERM Recruitment Require?

For professional occupations, 20 CFR 656.17 requires a 30-day job order with the State Workforce Agency and ads on two different Sundays. The employer then adds three more steps, such as job fairs, its own website or campus recruiting.

Ads must name the employer and describe the job and location. They cannot state a wage below the prevailing wage or add requirements beyond the ETA-9089.

The wage determination sets that floor. The employer must file or begin recruitment within its validity period.

The employer also posts a notice of filing for 10 consecutive business days, or notifies the bargaining representative. A signed recruitment report then records results and the lawful job-related reasons for rejecting U.S. applicants.

What Happens If DOL Audits a PERM Application?

DOL can select applications by criteria or at random. Under 20 CFR Part 656, the audit letter lists the documents required and gives 30 days to send them. DOL may grant one extension of up to 30 days.

A missed deadline means denial. A substantial failure can also lead to supervised recruitment on future filings for up to two years.

Employers must keep the application and supporting documents for five years from filing. Build the recruitment file as you go, not after a letter arrives.

Closely held companies face extra scrutiny. If the worker owns part of the business or is related to its owners, the employer must be ready to show the job is truly open to U.S. workers.

What Does HR Own, and What Does Counsel Own?

Counsel owns strategy and the forms. HR owns the facts behind them, so assign each task:

• HR defines the job's actual minimum requirements, which DOL tests against the employer's real hiring practice.
• HR runs recruitment, reviews every U.S. applicant fairly and documents the reasons. Strong global recruitment strategy habits help here.
• HR posts the notice and retains the file for the required period.
• Counsel prepares the wage request, completes the ETA-9089 and answers audits.

Wage concepts overlap with H-1B, covered in our H-1B visa salary guide. See also how to hire international employees and HR compliance.

This is general information, not legal advice, so talk to immigration counsel on each filing. HR Cloud keeps employee records in one place through its HRIS.

Discover how our HR solutions streamline onboarding, boost employee engagement, and simplify HR management

Book Your Free Demo

Frequently Asked Questions

Q: Can the employee pay for the PERM process?

A: Generally not. DOL rules bar the employer from seeking or receiving payment for PERM activity, including its attorneys' fees, with narrow exceptions.

Q: Who signs Form ETA-9089?

A: The employer. An application certified electronically must be signed by the employer immediately after certification to be valid.

Q: Can the foreign worker help interview U.S. applicants?

A: No. The worker and the worker's own agent or attorney may not interview or consider U.S. applicants. The person who normally interviews for similar roles should.

Q: What if we recently laid off employees?

A: A layoff in the same or a related occupation within six months of filing requires you to notify and consider those workers.

Q: Do all green card cases need PERM?

A: No. USCIS says first preference cases do not, and Schedule A and national interest waiver cases follow different rules.

Q: Does the job have to be permanent?

A: Yes. The job must be full-time, permanent employment for an employer other than the foreign worker.