In the standard PERM route, the employer—not the employee—defines a permanent, full-time U.S. job, obtains a prevailing wage determination, completes the required recruitment and notice, and files Form ETA-9089 with the U.S. Department of Labor (DOL). If DOL certifies the application, the employer must submit the certified labor certification with Form I-140 to U.S. Citizenship and Immigration Services (USCIS) within 180 days. PERM is the labor-certification stage; it does not by itself grant permanent residence or guarantee that the I-140 or green-card case will be approved.
This guide explains what the employer must do, where the employee fits into the process, how occupation-specific recruitment changes the procedure, and what the latest DOL processing figures do—and do not—tell you about timing.
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What PERM does in an employment-based green-card case
PERM, formally the permanent labor-certification process, asks DOL to certify that a particular permanent job does not have sufficient able, willing, qualified, and available U.S. workers in the intended employment area, and that hiring the foreign worker will not adversely affect similarly employed U.S. workers. The employer files the labor-certification application. The employee is the prospective beneficiary, not the applicant responsible for the PERM filing.
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Who can start a PERM case and what job must be offered?
The sponsoring employer
DOL requires the sponsoring company to qualify as a U.S. employer, hold a valid Federal Employer Identification Number (FEIN), and have a U.S. location to which U.S. workers can be referred. The employer, usually working with immigration counsel or an internal immigration team, is responsible for the government forms, recruitment record, attestations, and filing decisions.
A permanent, full-time opportunity
The position must be a permanent, full-time job. The employer must describe the actual duties and establish the minimum requirements needed to perform them. Those requirements should reflect the real opportunity rather than being tailored to the employee’s résumé. The job’s location, duties, requirements, and occupation classification affect the wage request and the recruitment pathway, so they should be settled before advertising and filing.
Occupation categories matter
DOL uses different regulatory treatment for professional and non-professional occupations. College and university teachers may use a special-handling procedure, and professional athletes have a limited provision. These are not interchangeable checklists. The occupation and facts of the offered job determine which recruitment actions, deadlines, and supporting records apply.
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Step 1: Define the job and confirm the case framework
- Document the actual position. Write the permanent, full-time duties, minimum education and experience, skills, licenses, and work location. Distinguish minimum requirements from preferences.
- Confirm the employer’s eligibility. Verify the U.S. employer, FEIN, and location where U.S. workers can be referred.
- Identify the applicable treatment. Decide whether the job is professional, non-professional, a college or university teaching position eligible for special handling, or a professional-athlete case. Do not select a category solely because it appears faster or easier; the job facts control.
- Set the intended employment area. The recruitment and labor-market test relate to the location of the offered employment. A change in worksite or material job requirements can affect the analysis.
Step 2: Request the prevailing wage determination
Before filing PERM, the employer must request and receive a valid prevailing wage determination (PWD) from DOL’s National Prevailing Wage Center. For a nonagricultural job, the request is made on Form ETA-9141. DOL strongly recommends submitting the request online through the Foreign Labor Application Gateway (FLAG).
The PWD is not the PERM application. ETA-9141 asks DOL to determine the wage for the proposed occupation and location; ETA-9089 is the later application for permanent employment certification. Keeping those forms distinct prevents a common filing error.
Information that must be settled for the wage request
- The occupation and duties used to classify the job.
- The precise work location and intended employment area.
- The minimum education, experience, and other requirements.
- The wage level and validity period stated in DOL’s determination.
The employer should confirm that the occupation, location, and requirements accurately describe the offer before relying on the PWD for recruitment and the ETA-9089. Case-specific wage and classification questions should be reviewed with qualified immigration counsel; a general article cannot determine the correct occupation or wage for an individual job.
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Step 3: Complete the required recruitment and notice
After the wage and job framework are in place, the employer conducts the pre-filing recruitment required for the occupation and gives notice of the filing as required by DOL. Every employer must comply with the notice-of-filing rule, but the complete recruitment package is not identical for every job.
Professional occupations
Professional jobs follow the recruitment requirements that DOL assigns to that category. The employer must be able to document the required recruitment actions, their dates, the content used, and the results. DOL’s overview distinguishes this pathway from non-professional recruitment but does not establish one universal advertisement list for every professional occupation.
Non-professional occupations
Non-professional jobs have a different recruitment treatment. The employer should use the requirements applicable to the actual occupation instead of copying a professional-case checklist. Records should show that the mandated steps were completed before filing.
College and university teachers
A college or university teacher may qualify for special handling under DOL rules. Special handling has its own timing and recruitment conditions, so a teaching case should be evaluated under that provision rather than the ordinary professional sequence.
Professional athletes
DOL also provides a limited professional-athlete provision. It applies only when the job and facts fit that rule. It is not a general alternative for other sports, entertainment, or fitness positions.
Notice of filing and recruitment records
The employer must give the required notice of the filing and preserve evidence of recruitment. That evidence should allow the employer to show what was advertised or posted, when it occurred, where it occurred, and how applicants were handled. The exact actions and retention requirements depend on the job category and governing rule. Because the applicable details vary, an employer should not file based on an informal list assembled for a different occupation.
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Step 4: File Form ETA-9089 with DOL
Once the PWD and occupation-appropriate recruitment are complete, the employer submits the Application for Permanent Employment Certification, Form ETA-9089, to DOL. DOL identifies online filing through FLAG as the main route and permits mail-in filing as an alternative. Online filing streamlines access and processing, but it does not remove the need for accurate information and a complete recruitment record.
What the employer is attesting to
The ETA-9089 ties together the employer, job opportunity, wage, recruitment, and foreign worker information. By filing, the employer is asking DOL to certify that the labor-market and worker-protection requirements have been met. The employee does not substitute for the employer’s filing responsibility, even when the employee supplies résumé details or helps answer factual questions.
Before submitting
- Check that the job duties and minimum requirements match the actual permanent offer.
- Confirm that the wage used is the valid PWD for the occupation and location.
- Verify that every required recruitment and notice step for the category was completed on time.
- Make sure names, addresses, dates, FEIN information, and worker qualifications are consistent across the case record.
- Retain the underlying recruitment and notice evidence in case DOL requests it during processing or an audit.
Step 5: What happens when DOL acts on the PERM case?
DOL may certify the application or take another action under its procedures, including an audit review. A certification means the labor-certification stage has been completed; it is not USCIS approval and is not a green card.
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DOL returns the certified application electronically. The employer uses the signed certified version issued by the Office of Foreign Labor Certification (OFLC) when filing Form I-140 with USCIS.
If the case is audited
An audit can require additional documentation and can change the time needed to reach a decision. DOL’s published processing snapshot separately lists an audit-review queue, but it did not report an August 2026 audit average. Therefore, the analyst-review average cannot be used as an audit-case estimate.
Step 6: File the employer’s I-140 petition within 180 days
After certification, the employer submits the certified ETA-9089 with Form I-140 to the appropriate USCIS service center. DOL states that the labor certification expires if it is not submitted to USCIS within 180 days of certification. The 180-day period is a filing deadline for the certified labor certification; it is not a promise that USCIS will decide the I-140 within that time.
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The I-140 is a separate USCIS petition. USCIS evaluates the petition under its own requirements, and later permanent-residence steps depend on factors not decided by PERM, including the availability of an immigrant visa under the applicable category and the case’s procedural path. A certified PERM therefore supports the next petition but does not guarantee the final outcome.
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How long does PERM take?
Processing estimates must be dated because DOL updates its public figures monthly. As of October 5, 2026, DOL listed PERM analyst-review cases at a December 2025 priority date and reported an average of 336 calendar days for analyst-review cases in August 2026. DOL cautions that an individual case can take more or less time depending on its material facts and circumstances.
The 336-day figure is an August 2026 average for analyst review, not a guaranteed total timeline from the first internal employer discussion through the green card. It does not include every employer preparation period, the time needed to obtain the PWD, recruitment, possible audit handling, I-140 preparation, USCIS processing, or later visa and residence steps.
Because the queue and averages change, employers and employees should check DOL’s current Office of Foreign Labor Certification processing page before relying on a timing estimate. The displayed date and average should always be quoted together with the month measured and the caveat that individual cases vary.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the employee should expect to do
The employer controls the PERM filing, but the employee has practical responsibilities. The employee should provide accurate education and employment records, identify every prior employer and relevant date, explain credentials when asked, and promptly flag changes in job location, duties, immigration status, or employment plans. Inaccurate résumé information can create inconsistencies between the worker’s background and the minimum requirements stated on ETA-9089.
The employee should also ask the employer or counsel which stage has been completed: PWD request, recruitment, ETA-9089 filing, DOL certification, or I-140 filing. These labels describe different events. A PWD is not a filed PERM; a filed ETA-9089 is not a certification; and certification is not an approved I-140.
Procedural choices employers must evaluate
The meaningful choices are usually the occupation and recruitment pathway, not a menu of unrelated PERM products. Where a job might appear to fit more than one treatment, the employer must compare the facts against the applicable DOL rule.
| Pathway | When it may apply | What changes | What is not established without case facts |
|---|---|---|---|
| Professional occupation | The offered job meets the professional category. | Professional recruitment requirements and documentation apply. | The exact advertisements, dates, and evidence for a specific job. |
| Non-professional occupation | The offered job is treated as non-professional. | A different recruitment treatment applies. | The complete occupation-specific checklist. |
| College or university teacher special handling | The teaching position qualifies under the special-handling rule. | Special recruitment and timing conditions apply. | Whether a particular institution and job qualify. |
| Professional athlete provision | The limited athlete provision fits the job and facts. | The provision’s specific treatment applies. | Whether a particular sports position meets the rule. |
DOL’s overview does not provide enough information to choose among these pathways for a particular employer and job. A current, case-specific review is necessary before the employer commits to recruitment or a filing schedule.
Common mistakes and how to avoid them
Treating the employee as the PERM applicant
DOL expressly states that filing applications is the employer’s responsibility, not the employee’s. The employee can cooperate and provide records, but cannot replace the sponsoring employer’s attestations and recruitment duties.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallConfusing ETA-9141 and ETA-9089
ETA-9141 is the request for a prevailing wage determination. ETA-9089 is the permanent employment certification application. The first precedes the second; neither form is the I-140.
Using one recruitment checklist for every job
Professional, non-professional, teaching special-handling, and athlete cases can have different requirements. Reusing another case’s advertisements or deadlines can leave the employer unable to show compliance.
Letting certification sit past its validity
The certified labor certification must reach USCIS with the I-140 within 180 days. Internal approval delays should be tracked against that deadline.
Presenting a processing average as a promise
The 336-calendar-day analyst-review average reported for August 2026 is a dated snapshot. It is not a guaranteed result, a full-case timeline, or an audit estimate.
A practical employer checklist
- Confirm U.S. employer status, FEIN, and a referral location.
- Define a genuine permanent, full-time job and its minimum requirements.
- Classify the occupation and check whether a special rule applies.
- File ETA-9141 for the PWD and receive a valid determination before PERM filing.
- Complete the recruitment and notice steps required for that occupation.
- Keep dated copies of advertisements, notices, applicant handling, and other supporting records.
- Submit ETA-9089 through FLAG or by the permitted mail alternative.
- Monitor the case for certification or audit action.
- If certified, calendar the 180-day deadline and file the signed certification with Form I-140.
- Explain to the employee that PERM certification is one stage and does not itself confer permanent residence.
The bottom line for employers and employees
An employer sponsors an employee through PERM by proving, in the required sequence, that a qualifying permanent job exists, the offered wage meets DOL’s prevailing-wage requirements, the employer completed the recruitment and notice required for that occupation, and the labor-certification application is accurate. The employer files ETA-9089 with DOL and, after certification, sends the certified application with Form I-140 to USCIS within 180 days. The employee’s role is to provide accurate information and cooperate, while the employer remains responsible for the filing.
Current timing should be treated as a moving estimate: DOL’s October 5, 2026 snapshot showed a December 2025 analyst-review priority date and a 336-calendar-day average for August 2026, with no published August average for audit review. Those figures describe DOL’s queue at that time—not the guaranteed length or outcome of an individual green-card case.
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