Labor Certification (PERM)

Labor Certification, also known as PERM (Program Electronic Review Management), is often the first step for many foreign nationals seeking a U.S. green card through employment. It is the process by which a U.S. employer demonstrates to the Department of Labor (DOL) that there are no qualified, available, and willing U.S. workers to fill the offered position, and that hiring a foreign worker will not adversely affect the wages or working conditions of American employees.

Obtaining PERM certification is a crucial foundation for many employment-based immigrant petitions, especially those in the EB-2 and EB-3 categories.

Who Needs Labor Certification?

Most employment-based green card applicants will require an approved Labor Certification unless their case qualifies for a waiver, such as the National Interest Waiver (NIW) or other exempt categories.

PERM is typically required for:

Professionals with advanced degrees sponsored under the EB-2 category
Skilled workers, professionals, and other workers applying under EB-3
Employees being sponsored for permanent positions by a U.S. employer

Some categories, like EB-1 or NIW, allow individuals to apply without employer sponsorship, but for most professionals, PERM is the mandatory first step.

The PERM Process: What Employers and Employees Should Know

The PERM process is designed to protect the U.S. labor market and ensure fairness in employment-based immigration. It involves multiple steps that require precision, documentation, and strict adherence to deadlines.

Defining the Job Requirements
The employer must determine the exact duties, requirements, and minimum qualifications for the position. These must reflect genuine business needs—not tailored to a specific individual.
Obtaining the Prevailing Wage Determination (PWD)
The employer must request a prevailing wage from the Department of Labor to ensure that the offered salary meets or exceeds market standards for that occupation and location.
Recruitment Process
The employer must conduct a good-faith recruitment effort to test the U.S. labor market. This includes:
- Placing job advertisements in newspapers or online platforms
- Posting the job internally at the workplace
- Advertising through professional journals or recruitment websites (for professional roles)
Filing the PERM Application (Form ETA 9089)
If no qualified U.S. workers apply or accept the position, the employer may file the PERM application electronically with the DOL. This step must accurately reflect all recruitment activities and job details.
DOL Review and Approval
The Department of Labor evaluates the application and may issue a certification, denial, or audit request for further documentation. Upon certification, the employer may file the immigrant petition (Form I-140) with USCIS.

Common Challenges and How We Help

The PERM process can be complex and unforgiving. Even small mistakes—such as inaccurate job requirements or missed recruitment documentation—can lead to denials or costly delays.

At Symphorien-Saavedra Law, we assist both employers and foreign professionals by:

Ensuring full compliance with DOL regulations
Drafting precise job descriptions and wage requests
Coordinating recruitment efforts and verifying ad requirements
Managing all documentation and audit responses
Guiding clients through the I-140 petition and subsequent steps toward the green card

Our goal is to simplify the labor certification process, reduce risk, and help both employers and employees achieve their immigration objectives efficiently.

PERM Processing Times and Validity

Processing times vary depending on the Department of Labor’s workload and whether the case is selected for audit. As of 2025, standard processing may take 12-18 months, while audited cases can take 18-30 months.

Once approved, a PERM certification is valid for 180 days, during which the employer must file the immigrant petition (Form I-140) with USCIS.

Alternatives to PERM

Not all employment-based immigrants require labor certification. Alternatives include:

EB-2 National Interest Waiver (NIW): For individuals whose work benefits the United States as a whole
EB-1A (Extraordinary Ability): For top performers in science, arts, business, or athletics
EB-1C (Multinational Managers/Executives): For corporate leaders transferring to U.S. branches

Our attorneys evaluate each client’s background to determine whether PERM is the best route or if a waiver or priority category may apply.

Why Choose Symphorien-Saavedra Law

At Symphorien-Saavedra Law, we provide personalized immigration strategies tailored to each client’s goals. Led by Francisco “Frank” Symphorien-Saavedra, a Board-Certified Expert in Immigration and Nationality Law, our firm combines deep legal expertise with practical experience guiding professionals and employers through complex immigration processes.

Call 407-802-1717 or complete our online contact form to schedule a consultation. Take the first step toward your U.S. future today.

Contact us today for a consultation!

This information is provided for general purposes and is not a substitute for individualized advice. You should schedule a consultation to discuss your specific situation. Call us today at 407-802-1717, or fill out the online form provided on this page and we will contact you shortly.