PERM Labor Certification: Step-by-Step Guide for Employers and Workers

Immigration » Employment-based green cards » PERM step by step

PERM is the Department of Labor process that most employers must complete before filing an immigrant petition for a worker in the EB-2 or EB-3 categories. Its purpose is to test the U.S. labor market and protect U.S. workers.

Step 1: Define the job and the minimum requirements

The employer decides the actual minimum requirements for the position. They must be what the business really requires, not tailored to the foreign worker. Requirements that exceed the normal for the occupation, or that the worker could not meet when hired, can cause denial.

Step 2: Prevailing wage determination

The employer asks the Department of Labor for a prevailing wage for the job and location. The employer must pay at least that wage when the green card is granted. The determination takes several months, so timing starts here.

Step 3: Recruitment

A job order with the state workforce agency.
Notice of filing posted at the worksite or published in the right way.
Print or online advertisements, depending on the occupation.
Additional steps for professional positions.
Review of resumes and a documented lawful reason for rejecting each U.S. applicant.

Step 4: Filing Form ETA-9089

After a quiet period following recruitment, the employer files the application online. The government may approve, audit or deny it. An audit requires submission of the complete recruitment file.

Step 5: After certification

The employer files Form I-140 with USCIS, with evidence of the ability to pay the wage.
The priority date is the date the PERM application was filed.
When the priority date is current, the worker and family can file for the green card.

Common mistakes

Job requirements that do not match the actual job.
Gaps in the recruitment record.
Missing documents proving the employer’s ability to pay.
Changes to the job or the worker’s situation while the case is pending without advice.

Employment-based green cards guide

How our firm helps with employment-based green cards

We help the employer and the worker choose the best category and timing.
We guide the prevailing wage, the recruitment and the labor certification so the record stands up to an audit.
We prepare the I-140 and the green card application with the evidence USCIS expects.
We track your priority date and the Visa Bulletin for you.
We advise on job changes while the case is pending.

Situations we handle

Employer-sponsored workers on H-1B
Workers from backlogged countries
Employers facing PERM audits
Workers who want to change jobs mid-process

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with employment-based green cards

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.