For foreign professionals seeking permanent residency in the U.S. through employment, the PERM labor certification is the first step. PERM—Program Electronic Review Management—is the system the U.S. Department of Labor (DOL) uses to ensure that hiring a foreign worker will not negatively affect U.S. workers. It applies mainly to employment-based green card categories like EB-2 (advanced degree professionals) and EB-3 (skilled and professional workers).

The process starts with the employer defining the job, including duties, education, and experience required. The employer must then obtain a prevailing wage determination from the DOL, which sets the minimum salary for the position. This ensures the foreign worker is paid fairly without undercutting local wages.

Next, the employer must test the U.S. labor market by recruiting U.S. workers. This involves posting the job with the State Workforce Agency, advertising in newspapers, and using additional recruitment methods for professional positions, such as job fairs or online postings. Employers must document these efforts to show no qualified U.S. workers were available.

After recruitment, the employer files ETA Form 9089 through the DOL’s online system. The DOL may approve the application, request more information, or audit the recruitment efforts. Once certified, the employer can file Form I-140, Immigrant Petition for Alien Worker, with USCIS. Approval of the I-140 moves the foreign worker closer to obtaining a green card.

The PERM process can take several over one year and sometimes longer if an audit occurs. Working with experienced immigration counsel can help employers navigate the process successfully. For more information or assistance with PERM labor certification and green card sponsorship, contact us at 703-348-1663.

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