What is a PERM Labor Certification?

The PERM (Permanent Labor Certification) program is administered by the Employment and Training Administration (ETA) of the U.S. Department of Labor (DOL).

 Its primary objective is to evaluate whether hiring a non-U.S. citizen would adversely affect equally qualified U.S. workers from securing similar employment opportunities. ETA scrutinizes whether employing a non-citizen could potentially harm the wages or working conditions of American workers in comparable roles.

Employers seeking to hire non-U.S. citizens must secure a PERM certification from ETA before proceeding to petition the U.S. Citizenship and Immigration Services (USCIS) for an employment-based visa, such as an EB-2 visa. Upon obtaining certification, employers can then submit USCIS Form I-140, also known as the “Immigrant Petition for Alien Workers.” USCIS reviews the petition to ascertain whether:

• The job being offered is comparable to the one assessed by ETA.
• The non-citizen worker possesses the necessary qualifications to fulfill the responsibilities of the intended position.

However, prior to reaching the Form I-140 stage, employers must present their case to the U.S. Department of Labor. In the subsequent sections, we will outline the process for obtaining a PERM certification.

What is the application process for PERM certification?

To get a permanent labor certification, the employer needs to file a Form 9089 (Application for Permanent Employment Certification).

To apply for PERM, the employer must adhere to the following basic rules:

• Ensure the job listing was accessible to U.S. workers
• Verify the wages offered meet or exceed the prevailing wages in the relevant field
• The prospective employee will be placed on payroll either before or upon their arrival in the United States
• Ensure any denials of U.S. citizen job applicants were lawful
• Establish that the offered wages are not contingent upon bonuses, commissions, or any financial incentives
• Confirm the employer’s financial capacity to fulfill the promised wages
• Ensure the job offer was made without discrimination based on age, sex, religion, race, creed, color, nationality, disability, or citizenship
• Validate that the job opening did not arise due to a strike or labor stoppage
• Ensure compliance with relevant legal standards regarding working conditions and employment terms.
• Confirmed that the position is full-time and permanent
• Verified that the employer is distinct from the applying employee

The employer should follow the recruitment requirements

Alongside fulfilling the fundamental criteria, the employer must complete specific “recruitment steps” before initiating their application process. If the vacancy pertains to a “professional occupation” requiring a minimum of a bachelor’s degree or equivalent experience, the employer is required, at a minimum, to advertise the job with the State Workforce Agency (SWA) for a duration of 30 days and publish two advertisements in two distinct Sunday editions of a widely circulated newspaper. They should also recruit via 3 methods from the list below: 

• Posting job listings on the company’s website
• Utilizing job search platforms such as Indeed or Monster
• Engaging in college campus placement programs
• Conducting recruitment activities at university campuses
• Networking with trade organizations
• Advertising in local and ethnic newspapers
• Participating in job fairs
• Broadcasting advertisements on television or radio
• Collaborating with recruitment agencies
• Implementing incentivized employee referral programs

For positions classified as “non-professional occupations,” the employer is required to place a job order with the State Workforce Agency (SWA) and publish two newspaper advertisements. All recruitment efforts must occur within the six months preceding the filing date, with a minimum of 30 days before filing.

Submitting the Application

Prior to submitting, employers must give advance notice of their application, either to a union representative for existing unionised employees, or to employees directly if no union exists. 

The main ETA 9089 form will be submitted either through mail or online. Due to the complex nature of a PERM application, with various timing and document requirements, it is highly recommended that employers use an immigration attorney. 

How long does it take to get a PERM Certification?

On average, PERM takes around 6-12 months, although this may vary based on individual circumstances. 

Applications submitted online by an attorney via the Permanent Online System allow real time tracking, and are typically processed faster than paper submissions. 

How much does a PERM Certification cost?

There is no filing fee for a PERM certification application (through Form 9089), though employers should consider the cost of hiring an immigration attorney for their case. 

Additional costs may include recruitment fees (inc. job advert fees), other administrative fees, and other USCIS filing fees, such as for an employment-based visa. 

What happens once the PERM Certification is approved?

Once the PERM is approved, the employer can proceed with the associated employment visa application, such as EB-2. 

Applicants must bear in mind that a PERM certification is only valid for 180 days, so applications must be submitted within this timeframe. 

You can check out more information on our employment-based immigration services here.