You’re working for a U.S. employer on an H-1B visa. You want permanent residency. Your employer agrees to sponsor you. But before filing your green card application, they must complete PERM labor certification.
The PERM labor certification process is the first major step toward an employment-based green card. It’s complex and time-consuming.
This blog explains what PERM is, how it works, what your employer must do, what you must do, and some recent 2025 updates.
What Is the PERM Labor Certification?
PERM stands for Program Electronic Review Management. It’s the Department of Labor’s system for processing labor certifications for employment-based green cards.
Your employer must prove that no qualified U.S. worker is available for your job. The government wants to ensure hiring you won’t displace American workers or depress wages.
PERM applies mainly to EB-2 and EB-3 green card categories. EB-2 covers professionals with advanced degrees. EB-3 covers skilled workers. EB-1 cases skip PERM entirely.
The process involves obtaining a prevailing wage, advertising the job, reviewing resumés, and filing Form ETA-9089 electronically. Only after PERM approval can your employer file Form I-140 with USCIS.
Step-by-Step: The PERM Labor Certification Process
Step 1: Prevailing Wage Determination
Your employer files Form ETA-9141 requesting the prevailing wage for your position. DOL determines the minimum salary required.
Step 2: Recruitment and Advertising
Your employer must advertise the job to test the labor market. Requirements include two Sunday newspaper ads, a 30-day job order with the State Workforce Agency, and additional recruitment steps.
Step 3: Reviewing Applications
Your employer collects resumés from U.S. workers who applied. They must review each application and reject candidates only for lawful, job-related reasons. They document why each applicant wasn’t qualified.
Step 4: Filing Form ETA-9089
After recruitment closes, your employer files the PERM application electronically through DOL’s FLAG system. Filing must happen within 180 days of completing recruitment.
Step 5: DOL Review
DOL reviews the application. About 25-30 percent of cases receive audit requests. If no audit occurs, approval can take up to 15-16 months. Audited cases take longer, sometimes 18-24 months in total.
The PERM labor certification process can take up to 462-500 days from filing to approval without audits.
Employer’s Role and Your Role
Your employer carries most responsibilities. They determine job requirements, obtain the prevailing wage, conduct recruitment, review applications, and maintain detailed records. They pay all PERM costs.
Your role matters too. You must maintain valid immigration status throughout the process. Falling out of status can terminate your application.
Provide accurate documentation for your employer. They need your resumé, diplomas, transcripts, and work experience letters.
Stay with your employer. PERM ties to a specific employer and job. Leaving before green card approval means starting over.
Avoid visa violations. Criminal arrests, unauthorized work, or overstaying jeopardize everything.
2025 Updates & Timing Considerations
DOL implemented the FLAG system in June 2023 for all PERM filings. The system allows attorneys to file directly. Employers receive email notifications but can’t access the system.
Processing times remain long in 2025. Prevailing wage determinations takes up to 4 months. PERM applications take up to 15-16 months without audit. Total time from starting the PERM labor certification process to approval averages 25 months.
DOL experienced a 12 percent increase in filings in fiscal year 2024. This added strain to an already backlogged system.
Start early. If you’re on an H-1B visa nearing your six-year limit, begin PERM at least two years before that deadline. The PERM 365-day rule allows H-1B extensions beyond six years if your PERM has been pending for at least 365 days.
Audits remain common. One in three PERM applications receives an audit request. Working with experienced immigration attorneys improves your chances.
Taking Charge of Your Employment-Based Green Card Path
The PERM labor certification process is a critical employer-led first step toward your green card. Your employer handles most work, but you also have a role to play.
Stay aligned with your employer throughout. Maintain valid immigration status. Collaborate closely. Provide accurate documentation.
Be patient. PERM takes several months. Processing times increased significantly and show no signs of improving.
If you need personalized help or have further questions, visit ImmigrationQuestion.com. You can ask your questions for free and have experienced immigration attorneys answer your questions. You may even qualify for a free consultation depending on your case.
Frequently Asked Questions
What happens if my employer changes job duties after PERM approval?
Significant changes to job duties can invalidate your PERM. The green card must be for the position described in the approved application. Minor changes may be acceptable, but substantial duty changes require filing a new PERM.
Can I change employers before my green card is issued after PERM?
You can use AC21 portability if your I-140 is approved and pending for 180 days. Your new job must be in the same or a similar occupation. Changing before I-140 approval means starting over.
How long does the PERM labor certification process usually take in 2025?
Approximately 25 months total. Prevailing wage takes 4 months. Recruitment takes 2-3 months. PERM processing takes 15-16 months without audit. Audited cases take 18-24 months or longer.
What should I do if my PERM is audited by the DOL?
Your employer and attorney handle audit responses. DOL requests documentation about recruitment, job requirements, and qualifications. Your employer must respond within 30 days. Strong record-keeping makes audits easier.
Does PERM guarantee I’ll get a green card?
No. PERM approval only means you passed the labor certification step. You still need I-140 approval from USCIS and may wait years before filing I-485, depending on your priority date and country.
What is the difference between prevailing wage and job offer in the PERM process?
Prevailing wage is the minimum salary DOL determines for your position. Your employer must pay at least this amount. The job offer is the actual salary promised, which must equal or exceed the prevailing wage.
