For employers seeking to sponsor a foreign national employee for a green card through the EB-2 or EB-3 category, the PERM labor certification process is typically the first and often most time consuming step. Administered by the U.S. Department of Labor (DOL), PERM (Program Electronic Review Management) requires employers to demonstrate that no able, willing, qualified, and available U.S. worker is available for the position being offered to the foreign national at the prevailing wage. While the process can take a year or more from start to finish, understanding each phase can help employers plan ahead and avoid costly delays or denials.

The process begins with the prevailing wage determination (PWD), submitted to the DOL's National Prevailing Wage Center. The employer must accurately describe the job duties, requirements, and worksite location so the DOL can assign a wage level appropriate to the position. Because PWD requests can currently take several months to process, employers should submit this request as early as possible. Once the PWD is issued, it generally remains valid for the recruitment period, and the employer must offer at least that wage to the sponsored employee.

Next comes the recruitment phase, during which the employer must test the U.S. labor market for the position. For professional occupations, this typically requires two Sunday print advertisements in a newspaper of general circulation, a 30-day job order with the state workforce agency, and three additional recruitment steps chosen from a DOL-approved list (such as job fairs, employer website postings, campus recruiting, or trade/professional organization postings). All recruitment must be conducted using the job requirements listed on the PWD, and the employer must wait at least 30 days after the recruitment report is complete before filing the PERM application, while also ensuring the quiet period and other timing rules are satisfied. Any U.S. applicants who respond must be considered in good faith, and lawful, job-related reasons must be documented for any who are not hired.

Once recruitment concludes, the employer files Form ETA-9089 electronically with the DOL. The application will be adjudicated, certified, denied, or selected for audit. Audits which can be triggered randomly or based on specific red flags in the application require the employer to submit detailed documentation of the recruitment process and can add substantial time to the timeline. If certified, the approved ETA-9089 is generally valid for 180 days, within which the employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS to preserve the priority date established during recruitment.

Because PERM is a fact-intensive process governed by strict regulatory timelines and documentation requirements, even small missteps an improperly worded job posting, a missed recruitment deadline, or an inconsistency between the PWD and the job posting can result in denial and require the employer to restart the process. Employers considering PERM sponsorship should consult with experienced immigration counsel early to build a compliant recruitment strategy tailored to the specific position and foreign national employee.

If your organization is considering sponsoring an employee for permanent residency through PERM, contact our team today at 703-348-1663 to discuss your options and timeline.

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