PERM is an employer-led U.S. Department of Labor (DOL) process that generally comes before an employer’s Form I-140 immigrant petition to U.S. Citizenship and Immigration Services (USCIS). The employer defines a permanent, full-time job, obtains a prevailing wage determination, completes the recruitment and notice steps that apply to the job, and files Form ETA-9089. DOL certification is not a green card or an I-140 approval; later filings depend on the worker’s category and visa availability.
What PERM labor certification establishes
PERM is short for Program Electronic Review Management. In the ordinary employment-based process, DOL evaluates whether there are sufficient U.S. workers able, willing, qualified, and available for the job in its intended area, and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. DOL describes that purpose in its PERM program overview.
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The certification concerns a particular job opportunity and the employer’s labor-market process. It does not grant immigration status, establish that a visa is immediately available, or approve the worker’s immigrant petition. PERM is generally one stage in a longer employment-based immigration sequence.
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The employer generally handles the PERM application and the required steps. The worker does not submit a personal PERM application. The ordinary sequence is:
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- Define the job opportunity. The employer identifies a permanent, full-time position, its duties, location, and actual minimum requirements.
- Request a prevailing wage determination. Before filing PERM, the employer requests the wage determination from DOL’s National Prevailing Wage Center (NPWC), using Form ETA-9141.
- Complete recruitment and notice steps. The employer follows the recruitment route that applies to the occupation and gives the required notice of filing.
- File Form ETA-9089. The employer submits the Application for Permanent Employment Certification to DOL.
- After certification, consider the I-140 stage. The employer generally files Form I-140 with USCIS using the DOL-certified ETA-9089.
1. Define the job accurately
The employer determines the job’s duties and actual minimum requirements. Those details matter throughout the process: the recruitment and application must describe the opportunity accurately, rather than retrofitting requirements to a particular worker after the fact. The applicable regulatory route can differ by occupation, including routes for professional and non-professional positions, qualifying college and university teacher cases, and professional athletes. DOL’s permanent labor certification overview provides a starting point for the program framework.
2. Obtain the prevailing wage determination
Before filing ETA-9089, the employer requests a prevailing wage determination (PWD) from the NPWC on Form ETA-9141. DOL determines the wage with reference to the occupational classification and area of intended employment. The employer’s job title, duties, requirements, work location, and wage details therefore need to be considered together; a mismatch can make it harder to show that the wage request and PERM application concern the same opportunity. See DOL’s prevailing wage guidance.
3. Complete the applicable recruitment and notice
There is no single recruitment recipe that applies to every PERM case. Requirements depend on the occupation category and governing regulatory route. Employers must complete the applicable recruitment steps and comply with the notice-of-filing requirement. The precise advertisements, timing, records, and any applicable exceptions must be checked against the current rules for the case; a generic checklist may not fit every occupation.
4. File Form ETA-9089 with DOL
Form ETA-9089 is the Application for Permanent Employment Certification. Employers can file online through DOL’s Foreign Labor Application Gateway (FLAG); DOL also identifies mail filing as an alternative. The DOL foreign labor forms page lists ETA-9089, its appendices, and instructions.
DOL may review a case through analyst review or audit review. An audit is not a separate benefit or a guarantee of a particular outcome; it is one possible part of DOL’s review process. The case-specific instructions and any DOL notice control what the employer must provide.
How long PERM is taking
DOL’s FLAG processing dashboard, as reported on October 5, 2026, showed a December 2025 priority date for cases in both PERM analyst review and audit review. It reported an average of 336 calendar days for analyst-review determinations in August 2026. That is DOL’s historical average for that month, not a forecast for a particular application. DOL says case facts and circumstances affect processing, and its monthly queue dates reflect cases being adjudicated rather than a guaranteed wait time. Check the FLAG processing-times dashboard for the latest figures before relying on a timing estimate.
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After DOL certifies the application, the employer generally uses the certified ETA-9089 when filing Form I-140 with USCIS. DOL states that the certified electronic ETA-9089 is the version used for I-140 and warns that USCIS accepts the signed version issued by the Office of Foreign Labor Certification (OFLC), rejecting other versions. Employers should follow the current instructions on DOL’s forms page.
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The PERM filing date is used as the priority date for USCIS and Department of State purposes, as applicable. It anchors the worker’s place in the employment-based immigration sequence; it is not a green card approval and does not by itself make a visa available. The DOL PERM overview explains the program, while the detailed post-I-140 route is governed by the worker’s circumstances and the applicable USCIS and Department of State instructions.
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Why a PERM approval is not the green card
PERM certification addresses the labor-certification stage. The I-140 petition is a separate USCIS filing, and permanent residence requires further steps where applicable. Whether and when someone can proceed depends on the relevant employment-based category, priority date, country of chargeability, visa availability, and individual circumstances. The later route may involve adjustment of status or consular processing; PERM approval alone does not establish eligibility to file either one immediately.
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