The PERM Labor Certification Process, Step by Step

Where PERM Fits

Most employer-sponsored green cards in the EB-2 and EB-3 categories start with a permanent labor certification from the U.S. Department of Labor (DOL), known as PERM. The labor certification is the employer's showing that there are no able, willing, qualified, and available U.S. workers for the job and that hiring the foreign worker will not adversely affect U.S. workers' wages and working conditions.

After DOL certifies the application, the employer files Form I-140 with USCIS, and the worker eventually applies for the green card itself. Categories that do not require PERM include EB-1 (extraordinary ability, outstanding researchers, and multinational managers) and the EB-2 National Interest Waiver, where the job offer and labor certification requirements are waived.

This guide walks through the PERM steps using DOL's regulations at 20 CFR Part 656.

Step 1: Define the Job and Its Actual Minimum Requirements

The job description and requirements drive everything that follows, and DOL scrutinizes them.

Actual minimums. The requirements must represent the employer's actual minimum requirements for the job (20 CFR 656.17(i)(1)). The employer must not have hired workers with less training or experience for substantially comparable jobs.
Current employees. If the worker already works for the employer, DOL looks at the training and experience the worker had when hired. The employer generally cannot require U.S. applicants to have more than the worker had at hire, unless the worker gained the experience in a position that was not substantially comparable, or the employer shows it is no longer feasible to train someone (20 CFR 656.17(i)(3)).
"Substantially comparable" means a position requiring the same job duties more than 50 percent of the time (20 CFR 656.17(i)(5)(ii)).
Employer-paid training. DOL will not count education or training the worker received at the employer's expense unless the employer offers similar training to U.S. applicants (20 CFR 656.17(i)(4)).

For EB-2 cases, the position itself must require an advanced degree or its equivalent. See our guide to qualifying for EB-2.

Step 2: The Prevailing Wage Determination

Before recruiting, the employer obtains a prevailing wage determination from DOL. The offered wage must equal or exceed the prevailing wage, and the notice posted to employees must state the rate of pay (20 CFR 656.10(d)(4)).

As of September 30, 2026, DOL was processing prevailing wage requests filed in June 2026. Processing times change; check DOL's FLAG processing times page for current figures.

Step 3: Recruitment

The employer must test the U.S. labor market before filing, and it must be able to document every step if DOL audits the case.

Professional occupations

For professional occupations, two steps are mandatory, conducted at least 30 days but no more than 180 days before filing (20 CFR 656.17(e)(1)(i)):

A job order with the State Workforce Agency serving the area of intended employment, for 30 days
Two print advertisements on two different Sundays in the newspaper of general circulation most appropriate to the occupation. If the job requires experience and an advanced degree and a professional journal would normally be used, one Sunday ad may be replaced with an ad in that journal.

The employer must also choose three additional steps from a list that includes job fairs, the employer's website, a job search website, on-campus recruiting, trade or professional organizations, private employment firms, an employee referral program with incentives, campus placement offices, local and ethnic newspapers, and radio or television ads (20 CFR 656.17(e)(1)(ii)). Only one of these may take place entirely within the 30 days before filing, and none may be more than 180 days before filing.

Nonprofessional occupations

For nonprofessional occupations, the minimum is a 30-day job order and two Sunday newspaper ads, conducted at least 30 days but no more than 180 days before filing (20 CFR 656.17(e)(2)).

Notice of filing

The employer must also give notice of the application (20 CFR 656.10(d)):

To the bargaining representative, if there is one; or
If not, by a posted notice at the worksite for at least 10 consecutive business days, in conspicuous places where U.S. workers will see it, plus publication in any in-house media the employer normally uses to recruit for similar positions

The notice must state that it is being provided because of a labor certification filing, that anyone may submit documentary evidence about the application to DOL's Certifying Officer, and the Certifying Officer's address. It must be provided between 30 and 180 days before filing.

Step 4: Filing and DOL Review

After the recruitment and notice windows are satisfied, the employer files the labor certification application (Form ETA-9089) electronically with DOL. DOL may certify the application, deny it, or select it for audit, in which case the employer must produce its recruitment documentation.

As of October 5, 2026, DOL reported an average of 336 days for analyst review (for August 2026), with applications bearing December 2025 priority dates being processed. The filing date becomes the worker's priority date for the green card queue (8 CFR 204.5(d)). See our guide to the Visa Bulletin and priority dates.

Step 5: After Certification

File the I-140 within 180 days. A certification expires if it is not filed in support of an I-140 within 180 calendar days of the date DOL granted it (20 CFR 656.30(b)).
Ability to pay. At the I-140 stage, the employer must show its ability to pay the offered wage from the priority date onward (8 CFR 204.5(g)(2)).
Premium processing is available for the I-140; USCIS must take action within 15 business days for most EB-2 and EB-3 petitions (8 CFR 106.4(e)).

Who Pays

DOL's rules prohibit the employer from seeking or receiving payment of any kind for activities related to obtaining the labor certification, including the employer's attorneys' fees, whether as an incentive or as reimbursement (20 CFR 656.12(b)). Prohibited payments include wage concessions and deductions. A worker may pay for their own separate legal representation, but where the same attorney represents both the worker and the employer, the employer must bear those costs.

How PERM Connects to Other Timelines

H-1B beyond six years. A PERM application or I-140 filed at least 365 days before the requested start date can support H-1B extensions beyond the six-year limit. See our guide to the H-1B six-year limit.
Changing jobs. A certified PERM is tied to the sponsoring employer's job. A worker who changes employers before the I-485 has been pending 180 days generally needs a new PERM and I-140, though an approved I-140's priority date can usually be kept. See our guide to changing jobs during the green card process.

Planning Points Drawn From the Regulations

None of these points guarantees an outcome, but each tracks a rule described above:

Write the job requirements carefully, based on what the employer actually requires, and check them against what the worker had at hire.
Calendar the windows: mandatory recruitment and the notice at least 30 but no more than 180 days before filing; only one additional step inside the final 30 days.
Keep a complete recruitment file in case of audit.
File the I-140 within 180 days of certification.
Keep PERM costs with the employer, as the regulations require.

Key Takeaways

PERM is the Labor Department certification behind most EB-2 and EB-3 employer-sponsored green cards.
The job requirements must be the employer's actual minimums, judged in part by what the worker had when hired.
Professional recruitment requires a 30-day job order, two Sunday ads, and three additional steps, within set windows before filing, plus a 10-business-day notice.
The PERM filing date becomes the priority date, and the certification must be used for an I-140 within 180 days.
The employer must pay the costs of obtaining the labor certification, including its attorneys' fees.

Planning to sponsor an employee for a green card? Schedule a consultation to map out the PERM timeline and requirements.

Sources and References

20 CFR 656.10: Notice of filing
20 CFR 656.12: Improper commerce and payment
20 CFR 656.17: Basic labor certification process, recruitment, and actual minimum requirements
20 CFR 656.30: Validity and expiration of labor certifications
8 CFR 204.5: Priority dates and ability to pay
U.S. Department of Labor, FLAG processing times

This document provides general information only and does not constitute legal advice. Immigration law is complex and individualized. Outcomes depend on specific facts and circumstances. No results are guaranteed. Always consult with a qualified immigration attorney before making decisions about your immigration case.