What Is the PERM Process? A Guide for Employers
- Tanya Powers
- 21 minutes ago
- 3 min read
Hiring foreign talent can be essential to growing your business—but when a position requires permanent sponsorship, employers must navigate the PERM labor certification process. Managed by the U.S. Department of Labor (DOL), PERM is often the first and most detail-intensive step in obtaining an employment-based green card.
This guide explains what the PERM process is, how it works, and what employers need to know before getting started.
What Is the PERM Process for Employers?
The PERM process for employers is a labor certification system designed to ensure that hiring a foreign worker will not negatively impact U.S. workers.
Before sponsoring a foreign national for a green card in certain employment-based categories (typically EB-2 or EB-3), an employer must demonstrate that:
There are no able, willing, qualified, and available U.S. workers for the position; and
Hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
This is done through a structured recruitment and documentation process overseen by the DOL.
Step 1: Determine the Prevailing Wage
Before beginning recruitment, the employer must request a prevailing wage determination from the U.S. Department of Labor.
The prevailing wage is the minimum salary that must be offered for the role based on:
Job duties
Worksite location
Experience and education requirements
Why it matters: The offered wage must meet or exceed this amount throughout the PERM process and beyond.
Step 2: Conduct Mandatory Recruitment
The PERM process requires employers to test the U.S. labor market through specific recruitment steps.
For most professional roles, this includes:
Two Sunday newspaper advertisements
A job order with the State Workforce Agency
Three additional recruitment steps (e.g., job boards, employer website, recruiter outreach)
Employers must:
Follow strict timing rules
Document all recruitment efforts
Review and evaluate all applicants in good faith
Important: If a qualified U.S. worker applies, the PERM process generally cannot move forward.
Step 3: File ETA Form 9089
Once recruitment is complete, the employer files Form ETA-9089 with the U.S. Department of Labor.
This form includes:
Details about the job opportunity
Recruitment results
Information about the foreign worker’s qualifications
Unlike other immigration filings, no documents are submitted initially—but employers must maintain a detailed audit file.
Step 4: Prepare for Audits or Supervised Recruitment
The DOL may audit the application to verify compliance.
If audited, the employer must provide:
Recruitment documentation
Resumes received
Business necessity justification (if applicable)
In some cases, the DOL may require supervised recruitment, where it directly oversees the hiring process.
Step 5: PERM Approval and Next Steps
If the PERM application is approved, the employer can move to the next stage by filing Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
This step establishes:
The employer’s ability to pay the offered wage
The foreign worker’s eligibility for the position
Common Mistakes Employers Should Avoid
Even small errors can lead to denial or delays. Common issues include:
Incorrect job requirements that are too restrictive
Inconsistent information between recruitment and the PERM filing
Failure to properly document recruitment efforts
Rejecting qualified U.S. applicants without lawful justification
Missing strict timelines and deadlines
Because PERM is highly technical, many employers choose to work with experienced immigration counsel to reduce risk.
How Long Does the PERM Process Take?
Processing times vary, but a typical PERM case may take:
Prevailing wage determination: as of this writing, several months
Recruitment period: 2–3 months (minimum due to required waiting periods)
DOL processing: as of this writing, over a year (longer if audited)
Overall, the PERM stage alone often takes 18 months or longer, depending on government processing and case complexity.
Why the PERM Process Matters
The PERM process is not just a procedural step—it is the foundation of most employment-based green card cases. Errors at this stage can affect the entire immigration process.
For employers, careful planning and compliance are essential to:
Avoid costly delays
Reduce the risk of audits or denials
Successfully retain key international talent
Final Thoughts on the PERM Process for Employers
Understanding the PERM process for employers is critical before starting a green card case. From wage determinations to recruitment compliance, each step requires precision and documentation.
If your company is considering sponsoring an employee, taking the time to properly structure the PERM case from the outset can make the difference between approval and delay.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.
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