Navigating the PERM Process for Your Green Card

If your company is sponsoring a foreign national for a U.S. green card under the EB-2 or EB-3 category, the PERM labor certification is a foundational—and often time-consuming—requirement. Understanding how the PERM process works can help your HR, legal, and recruitment teams avoid costly delays and maintain compliance throughout the green card process.

This guide walks employers through the key steps, obligations, and timelines associated with PERM so you can move forward confidently and strategically.

What is PERM?

PERM stands for Program Electronic Review Management. It is a mandatory process run by the U.S. Department of Labor (DOL) to ensure that the hiring of a foreign worker will not adversely impact qualified U.S. workers.

The employer must demonstrate that:

• The job is bona fide and meets DOL standards.
• The wage offered meets or exceeds the prevailing wage.
• A genuine recruitment effort was made to find U.S. workers for the role.

PERM must be completed before filing the I-140 Immigrant Petition.

Step-by-Step Overview of the PERM Process

1. Drafting the Job Description

Define the role clearly, including:

• Duties and responsibilities
• Minimum education and experience
• Job location and worksite
• Special requirements (if any)

Note: Requirements must reflect industry norms and cannot be tailored to the foreign worker’s background.

2. Prevailing Wage Determination (PWD)

Submit a request to the DOL to determine the prevailing wage for the role and location. This is the minimum wage the company must offer.

• Timeline: 2–3 months
• Tip: Start early—this step often creates a bottleneck.

3. Mandatory Recruitment Campaign

Before filing PERM, employers must conduct a good-faith recruitment process to test the U.S. labor market.

Required steps include:

• Job Order: Post with the State Workforce Agency (SWA) for 30 days.
• Two Sunday Newspaper Ads: In a newspaper of general circulation in the job location.
• Notice of Filing: Post the job internally at the worksite for 10 consecutive business days.

For professional positions (typically EB-2 or EB-3):
Complete 3 additional recruitment steps, such as:

• Job fairs
• Employer website
• Online job boards (e.g., Indeed, LinkedIn)
• Campus or trade publication postings

Documentation is key: Employers must retain all recruitment evidence, including resumes received and reasons for rejection.

4. Filing the PERM Application (Form ETA 9089)

If no qualified U.S. workers are identified during recruitment, the employer may file the PERM application electronically with the DOL.

• Timeline: 6–8 months for review
• If selected for audit, additional documentation must be submitted within 30 days.

5. PERM Certification

If approved, DOL issues a labor certification confirming the role may be offered to the foreign national. Only then can the company file Form I-140 with USCIS.

How Long Does PERM Take?

Preparation: 2-3 months

This includes setting job requirements and getting wage decisions.

Recruitment: 2-3 months

Your employer must advertise the job for at least 30 days.

Government Processing: 6-8 months

This is how long it usually takes for the government to review the application.

So, from start to finish, PERM often takes about 10-14 months. But remember, these are general approximations and timelines can change. Sometimes the Department of Labor is faster, sometimes slower.

After PERM: What Comes Next?

Once PERM is certified:

1. File Form I-140 with USCIS.
2. Upon I-140 approval and when the priority date is current, the employee can file for adjustment of status (Form I-485) or go through consular processing abroad.

Best Practices for Employers

Start Early – Build in buffer time to account for delays.
Maintain Documentation – Keep records for up to 5 years, including ad copies, resumes, and interview notes.
Train HR & Legal – Ensure internal teams understand compliance rules.
Partner with Counsel – An experienced immigration attorney can guide strategy and minimize audit risks.

Let’s Simplify Your PERM Process

The PERM process is heavily regulated, paper-intensive, and time-sensitive. But it doesn’t have to be overwhelming. At Ellis, we help U.S. employers navigate the green card process from start to finish, ensuring compliance, transparency, and peace of mind every step of the way.

Book a strategy call with our team to align your immigration program with your workforce goals.

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