PERM Labor Certification Process

U.S. employers filing EB-2 and EB-3 employment-based I-140 petitions must first obtain an approved labor certification application from DOL on behalf of the foreign worker. An approved labor certification application demonstrates that: (1) the employer tested labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified, and available U.S. workers who are willing to accept the permanent job offer; and (2) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The position must first be advertised to show that there are no qualified US workers that want the job, based on a prevailing wage determination from the State Workforce Agency. The job opportunity must be for a full time, permanent position and must be open to available U.S. workers. Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

After the 30-day recruitment period ends, the PERM Petition is filed with the U.S. Department of Labor. It normally takes from 4 weeks to 6 months to receive the PERM Certification from the DOL.

Once the PERM Petition is approved, the I-140 Immigrant Petition for Alien Worker can be filed with the USCIS, along with supporting documentation.

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