October 14, 2026

Step-by-Step Guide to the PERM Labor Certification Process

A company has found a candidate it wants to employ permanently, but a job offer alone may not support an employment-based green card. For many positions, the employer must first obtain Program Electronic Review Management (PERM) labor certification from the U.S. Department of Labor (DOL).

PERM requires the employer to test the labor market and show that hiring a foreign worker will not adversely affect comparable U.S. workers’ wages and working conditions. At Koshiba Law, we help employers understand these obligations and prepare for the immigration filings that follow.

Before advertising the position, schedule a consultation with us. An early review with our PERM labor certification attorney can reveal problems in job requirements, wage information, or recruitment plans before they affect the application.

Step 1: Define the Position Before Recruitment

The process begins with a genuine, permanent, full-time job opportunity. The employer identifies the duties, worksite, minimum education, experience, and skills actually required to perform the work.

Requirements cannot simply mirror the sponsored worker’s resume or be unnecessarily restrictive. The employer must also have a valid federal employer identification number and a U.S. location to which applicants can be referred.

For businesses unfamiliar with sponsorship, guidance from our business immigration attorney is particularly relevant when distinguishing legitimate operational needs from preferences that may raise questions during DOL review.

Step 2: Obtain the Prevailing Wage

Next, the employer requests a prevailing wage determination from DOL’s National Prevailing Wage Center, generally using Form ETA-9141 in the Foreign Labor Application Gateway (FLAG).

DOL evaluates factors including occupation, job duties, qualifications, and intended worksite. The employer must offer at least the applicable prevailing wage. That wage requirement should be considered before recruitment expenses are incurred, particularly when a position covers multiple worksites.

The DOL prevailing wage guidance explains the request process. Questions about wage classifications or position requirements can be addressed with our employment immigration attorney, who evaluates whether the information accurately describes the proposed role.

Step 3: Carry Out Recruitment

Recruitment gives eligible U.S. workers a genuine opportunity to apply. In most standard cases, the employer must place a 30-day state workforce agency job order and publish advertisements in two Sunday newspaper editions. Professional positions require three additional recruitment methods from the permitted categories.

A notice of filing must also be provided as required, including to a bargaining representative when applicable. Recruitment generally falls within the 180 days before filing, and mandatory steps normally must finish at least 30 days before submission. Certain additional recruitment steps have a limited exception.

These rules involve more than placing advertisements. Employers must remain open to qualified applicants and follow the recruitment plan reflected in their records.

Step 4: Evaluate Applicants Fairly

An employer must assess applicants against lawful, job-related minimum requirements. A U.S. worker who could perform the role after a reasonable period of on-the-job training generally cannot be rejected merely for lacking a preferred skill.

The employer then prepares a recruitment report describing the recruitment activities and explaining lawful reasons for rejecting U.S. applicants. Copies of advertisements, applications, interview notes, and other supporting materials should be kept in an audit file.

This is where consistent documentation matters most. Rather than relying on broad statements that applicants were unsuitable, employers should preserve specific assessments tied to the actual job requirements.

Step 5: Submit Form ETA-9089

After recruitment and the required waiting periods, the employer files Form ETA-9089 electronically through FLAG. The application includes information about the business, position, wage, recruitment, and foreign worker.

Although the entire recruitment file generally is not uploaded with the application, DOL may request it later. Supporting records normally must be retained for five years from the filing date.

Even small inconsistencies between advertisements, wage requests, and the final application can cause difficulties. Reviewing the relationship between these documents is an important part of the filing assessment conducted by our PERM attorney. The DOL PERM program page provides further filing instructions.

Step 6: Address an Audit or Final Decision

DOL may certify the application, deny it, or issue an audit seeking additional records. An audit does not automatically mean the employer violated a rule, but incomplete or late responses can place the case at risk.

Timeframes are substantial and change regularly. As of October 5, 2026, DOL reported that its PERM analyst review queue was processing applications filed in December 2025. This is a queue indicator, not a guaranteed decision date.

Audit requests and available review procedures are among the matters our immigration attorney evaluates when employers face unexpected questions about their applications. Current queue information appears on DOL’s processing times page.

Step 7: File the Immigrant Petition

PERM approval does not grant permanent residence, employment authorization, or an immigrant visa. For a typical PERM-based case, the employer next files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).

USCIS generally must receive the petition within 180 calendar days after PERM certification. It examines the offered role, the worker’s qualifications, and the employer’s ability to pay the proffered wage.

The worker may later pursue adjustment of status or consular processing, depending on eligibility and visa availability. An approved petition does not override immigrant visa backlogs.

Costs and Mistakes Worth Discussing Early

PERM is an employer-driven process. Employers generally must pay the expenses associated with obtaining labor certification, including required recruitment and employer-side legal fees, rather than shifting those charges to the sponsored worker.

Another recurring problem is changing job qualifications mid-process without evaluating the consequences. Employers considering such changes can discuss their implications with our employment based immigration lawyer and determine whether the proposed approach fits their broader immigration legal needs.

Put the Sponsorship Plan on Firm Ground

PERM rewards careful preparation more than rushed paperwork. The employer must present an authentic job opportunity, test the labor market fairly, and preserve the evidence needed to support its application. Koshiba Law offers practical guidance from initial position review through the next immigration filing. Learn about our firm and contact us today to discuss the next steps for your employment-based case.