PERM is the labor certification step that comes before most employment-based green cards in the EB-2 and EB-3 categories. Its purpose is for the employer to test the U.S. labor market and confirm there’s no able, willing, qualified U.S. worker available for the role at the prevailing wage. Here’s the process from start to finish.

Step 1: Prevailing wage determination

The employer files for a prevailing wage determination (PWD) from the Department of Labor, which sets the minimum salary for the role in that location. Everything else waits on this number, and it currently takes several months.

Step 2: Recruitment

The employer runs a defined set of recruitment steps to genuinely test the market: required newspaper ads, a job order, and additional recruitment for professional roles. There are strict rules on timing, content, and how long results must be kept.

Step 3: Recruitment report

The employer documents the results: how many U.S. workers applied, and the lawful, job-related reason each was not qualified. This report isn’t filed but must be retained and produced if audited.

Step 4: File ETA-9089

If no qualified U.S. worker is found, the employer files the ETA-9089 with the DOL. Once certified, the employer can file the I-140 immigrant petition, and the priority date is set by the PERM filing date.

What to watch for

PERM is unforgiving on procedure. Small recruitment or timing errors can sink a case, and audits are common. Build the file as if it will be reviewed, because it might be.

If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.