PERM Labor Certification: what it is, who needs it, and how to use this guide
What PERM is
PERM is the U.S. Department of Labor’s (DOL) certification that: (1) no qualified, willing, and able U.S. workers are available at the prevailing wage in the area of intended employment; and (2) hiring the foreign worker won’t adversely affect wages/working conditions of similarly employed U.S. workers. PERM approval is required before filing the Form I-140 with USCIS (except NIW and Schedule A).
- Used for: most EB-2 (excluding NIW) and EB-3 immigrant visa categories.
- Filed on: Form ETA-9089 (electronic) after recruitment and a valid Prevailing Wage Determination (PWD).
- Priority date: the date DOL receives your ETA-9089.
Official program pages are on dol.gov; see Block 3 for explained sources.
Key participants
- U.S. employer (sponsor): defines the job, requests PWD, runs recruitment, files ETA-9089, keeps the audit file.
- Foreign worker (beneficiary): must meet the stated minimum requirements for the offered role.
- DOL (OFLC): issues the PWD and adjudicates ETA-9089 (approve, audit, deny).
Step-by-Step & Compliance
Recruitment must include a SWA job order, two Sunday newspaper ads, and (for professional roles) three additional methods (20 CFR §656.17). On desktop you’ll see a table; on phones it automatically switches to stacked cards.
| Step | What DOL Requires | Employer Actions | Common Pitfalls |
|---|---|---|---|
| 1) Define the job | Industry-normal minimums for duties/education/experience; justify special skills. | Align with O*NET/SOC; write a realistic description; keep language consistent across materials. | Inflated minimums; ad text that doesn’t match ETA-9089. |
| 2) Prevailing Wage (PWD) | Valid PWD from NPWC before relying on recruitment. | Request via FLAG; verify level/area/occupation; track validity dates. | Offering below PWD; PWD expiration before ETA-9089 filing. |
| 3) Mandatory recruitment | SWA (≥30 days) + two Sunday newspaper ads; for professional roles add 3 of 10 extra methods; 30-day quiet period. | Calendar ads; retain tear sheets/invoices/screens; mirror minimums in all ads. | Wrong day/newspaper; missing proofs; requirement mismatches. |
| 4) Evaluate applicants | Objective screening; lawful, job-related rejections; documented. | Recruitment report listing each applicant with specific reasons. | Subjective rejections; no interview notes; not contacting apparently qualified candidates. |
| 5) File ETA-9089 | Electronic filing; attestations; keep the audit file 5 years. | Check SOC, worksites, wage, signatures; match ad text to the form. | Typos; worksite changes; wrong SOC; agent/attorney data errors. |
| 6) DOL review / audit | Approval, denial, or audit (random/triggered); strict deadlines. | Respond within 30 days with a complete audit file; track courier and receipt. | Late/incomplete responses; disorganized documentation. |
| 7) Post-PERM | I-140 with USCIS; AOS or consular processing when a visa number is available. | Prove ability to pay; prove beneficiary’s minimum qualifications; monitor the Visa Bulletin. | Insufficient financials; missing experience/education evidence. |
1) Define the job
DOL requires
Industry-normal minimums; justify special skills.
Employer actions
Align with O*NET/SOC; realistic description; keep consistency.
Common pitfalls
Inflated minimums; ad/ETA-9089 mismatch.
2) Prevailing Wage (PWD)
DOL requires
Valid PWD before relying on recruitment.
Employer actions
Request via FLAG; verify level/area/occupation; track validity.
Common pitfalls
Offer below PWD; PWD expiration before filing.
3) Mandatory recruitment
DOL requires
SWA (≥30 days) + two Sunday ads; 3 extra methods; 30-day quiet.
Employer actions
Plan calendar; keep proofs; mirror minimums in ads.
Common pitfalls
Wrong day/newspaper; missing proofs; mismatched requirements.
4) Evaluate applicants
DOL requires
Objective, job-related decisions; documentation.
Employer actions
Recruitment report with specific reasons per applicant.
Common pitfalls
Subjective rejections; no interview notes; not contacting qualified applicants.
5) File ETA-9089
DOL requires
Electronic filing; keep audit file 5 years.
Employer actions
Check SOC, worksites, wage, signatures; ensure ad/form match.
Common pitfalls
Typos; worksite changes; wrong SOC; agent/attorney errors.
6) DOL review / audit
DOL requires
Approval/denial/audit; strict timelines.
Employer actions
Respond in 30 days with complete documentation.
Common pitfalls
Late/incomplete responses; disorganized file.
7) Post-PERM
DOL requires
I-140; then AOS/consular processing when a visa number is available.
Employer actions
Prove ability to pay and beneficiary qualifications; track Visa Bulletin.
Common pitfalls
Insufficient financials; missing experience/education proofs.
Audit-trigger hygiene
- Mirror minimum-requirements language exactly across all ads.
- Document every contact and interview outcome in a recruitment report.
- If there were recent layoffs in the occupation/area, follow special notice/consideration duties.
Keep a complete audit file (ads, proofs, resumes, evaluation notes, PWD, business-necessity memos) for 5 years.
Filing notes (systems & forms)
- Application is ETA-9089. PWD and PERM run via the DOL FLAG platform.
- Check current DOL instructions for attestations and any required appendices.
Material pre-cert changes (location/duties/wage) may require re-filing—consult counsel.
Typical Timeline (2025) & Key Risks
Processing times fluctuate. Use these ranges as planning placeholders and verify current DOL queues before scheduling filings.
Prevailing Wage (PWD): ~5–8 months
Recruitment + Quiet: ~2 months
Analyst Review: ~3–6+ months
Audit (if issued): +4–12+ months
Chart and bars are illustrative; confirm current queues before planning filings.
High-impact pitfalls
- Inflated minimums beyond industry norms without business-necessity memos.
- Ad/ETA-9089 mismatches (requirements, duties, worksites).
- Proof gaps (no tear sheets, invoices, screenshots, recruitment report).
- Late audit responses (30-day deadline; complete file required).
- Material pre-cert changes (location/duties/wage) not re-assessed.
Actionable best practices
- Calendar PWD validity, ad dates, 30-day quiet period, and an audit buffer.
- Mirror language across PWD request, ads, recruitment report, and ETA-9089.
- Keep a 5-year audit file with all evidence and applicant evaluations.
- Apply layoff-related notice/consideration duties when applicable.
- Run a pre-file QA (SOC, wage, worksite(s), signatures, agent/attorney info).
Authoritative Sources with Explanations
-
DOL — PERM Program Overview: official landing page describing the permanent labor certification program, eligibility, and process.
dol.gov/agencies/eta/foreign-labor/programs/permanent -
DOL — Forms & Instructions (ETA-9089, PWD, guidance): the current PERM application, instructions, and related materials published by DOL.
dol.gov/agencies/eta/foreign-labor/forms -
DOL — Foreign Labor Certification FAQs (PERM & PWD): official frequently asked questions clarifying recruitment steps, audits, documentation, and common issues.
dol.gov/agencies/eta/foreign-labor/faqs/print -
DOL — FLAG (Foreign Labor Application Gateway): the secure online portal used to request PWDs and file PERM electronically.
flag.dol.gov -
Regulation — 20 CFR §656.17 (Basic labor certification process): codified regulation detailing recruitment framework, documentation, and filing rules.
law.cornell.edu/cfr/text/20/656.17
