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Shawn Sedaghat

(818) 382-3333
(949) 272-1199
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PERM Labor Certification

Written by Shawn S. Sedaghat — California Bar #188763, admitted 1997. Last reviewed: June 2026.

Department of Labor Certification for Employer-Sponsored Green Cards

PERM (Program Electronic Review Management) is the U.S. Department of Labor certification required for most employment-based green cards in the EB-2 and EB-3 categories. The employer must conduct a regulated recruitment process and prove that no qualified U.S. workers are available for the offered position. The Law Offices of Shawn S. Sedaghat has 30+ years of experience guiding employers and employees through PERM — prevailing wage determinations, recruitment management, and ETA-9089 filings. Call (818) 382-3333 for a free consultation.

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Overview

  • Mandatory step for EB-2 (without NIW) and EB-3 green cards
  • Filed by the employer, on behalf of the foreign worker
  • Tests the U.S. labor market for qualified workers
  • Three phases: Prevailing Wage Determination, Recruitment, ETA-9089 filing
  • Employer must pay all PERM costs including legal fees

Eligibility Requirements

  • U.S. employer offering a permanent, full-time position
  • Position must require minimum qualifications consistent with industry norms (no tailoring around the foreign worker)
  • Foreign worker must meet all stated minimum requirements at the time of hire
  • Employer must conduct prescribed recruitment (Sunday newspaper ads, state job order, internal posting, and additional steps for professional positions)
  • No qualified, willing, and able U.S. workers may be available

Our Process

Prevailing Wage Determination (ETA-9141)

Employer files with DOL National Prevailing Wage Center. DOL determines the wage based on occupation, location, and required skill level. Typical decision: 4-8 months.

Pre-Filing Recruitment

Employer runs Sunday newspaper ads (2 issues), state workforce agency job order (30 days), internal posting (10 business days), plus 3 additional recruitment steps for professional positions (online job sites, job fairs, etc.).

Recruitment Report

Employer documents each applicant who responded, the reason any rejected applicant did not qualify, and certifies in good faith that no qualified U.S. worker is available.

ETA-9089 Filing

Employer files PERM application online with DOL. Cannot be filed earlier than 30 days nor later than 180 days after recruitment begins.

DOL Decision

Audit (about 25% of cases) adds 6-12 months. Without audit, decision typically arrives in 6-12 months.

Document Checklist

Job description with minimum requirements (degree, experience, special skills)
Prevailing Wage Determination (ETA-9141) approval
Tear sheets from Sunday newspaper ads
Confirmation of state workforce agency job order
Foreign worker's resume, transcripts, and credentials
Internal posting notice with dates posted
Documentation of 3 additional recruitment steps (for professional positions)
Recruitment report listing each applicant and rejection reason
Employer financial documents showing ability to pay the prevailing wage

Key Benefits

  • Foundation for EB-2 (non-NIW) and EB-3 immigrant petitions
  • Once approved, priority date is locked and portable to other employers under AC21
  • Path to permanent residence for skilled and professional workers
  • Spouse and unmarried children under 21 included in subsequent I-485

Related Practice Areas

Frequently Asked Questions

Prevailing Wage Determination typically takes 4-8 months. Recruitment runs about 60-90 days. ETA-9089 adjudication typically takes 6-12 months for non-audited cases. Audited cases add 6-12 months. Total realistic timeline: 12-24 months.

By DOL rule, the employer must pay ALL PERM-related costs — including the attorney fees, all recruitment advertising, and the foreign worker's portion of any costs. The foreign worker cannot legally pay PERM expenses.

Changing jobs during PERM restarts the entire process. The new employer must file a new prevailing wage determination, conduct new recruitment, and file a new PERM application. This is why PERM strategy planning matters.

DOL audits approximately 25% of PERM applications. The audit notice requests the employer's complete recruitment file and may include questions about job requirements or recruitment integrity. Audits add 6-12 months but do not necessarily mean the case is in trouble — most audited cases are approved.

The advertised position must be in a single geographic area (typically the same metropolitan statistical area, or MSA). Remote/work-from-home positions complicate PERM because the prevailing wage and recruitment must reflect the actual work location. We strategize this carefully when remote work is involved.

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