For U.S. employers sponsoring foreign workers for permanent residence, the PERM Labor Certification process is usually the first step. The U.S. Department of Labor (DOL) uses this process to confirm that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect wages or working conditions.

The PERM process has three main steps. First, the employer must obtain a Prevailing Wage Determination (PWD) from the DOL, which sets the minimum salary for the position based on job duties and location. This step can take about 4–8 months. Second, the employer must complete a recruitment process to test the U.S. labor market. This includes posting job ads and reviewing applicants. This stage usually takes 60–180 days. After recruitment is complete, the employer files Form ETA-9089 with the DOL for review.

Processing times can be long. PERM adjudication alone may take about 15–17 months, and the full process, including wage determination and recruitment, can take 18–30 months or more. If the case is audited, processing times will increase. Employers should plan ahead, especially if the employee has visa time limits.

Common issues include errors in job advertisements, inconsistent job requirements, and incomplete documentation. Job requirements must be standard for the role and not tailored to the foreign worker. Employers must also keep detailed records of all recruitment efforts and be prepared to respond to DOL requests.

Careful planning is important to avoid delays. Employers should review job descriptions early, follow recruitment rules closely, and maintain proper documentation throughout the process. Working with an experienced immigration team can help reduce risks and keep the case on track.

If you have questions about the PERM process or want to start a case, contact us at 703-348-1663 to discuss your options.

‍