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In the standard PERM route, the employer—not the employee—defines a permanent, full-time U.S. job, obtains a prevailing wage determination, completes the recruitment and notice steps required for that occupation, and files Form ETA-9089 with the U.S. Department of Labor (DOL). If DOL certifies the application, the employer must submit the certified labor certification with Form I-140 to U.S. Citizenship and Immigration Services (USCIS) within 180 days. PERM is the labor-certification stage; it is not a green card and does not by itself approve permanent residence.
The process is document-heavy and job-specific. Professional and non-professional positions use different recruitment rules, college and university teaching jobs can qualify for special handling, and professional-athlete cases have a limited regulatory provision. The employer must establish that the job is genuinely permanent and full time, that the offered wage meets the required level, and that employing the foreign worker will not harm similarly employed U.S. workers.
What PERM is—and what it is not
PERM is DOL’s permanent labor-certification process for many employer-sponsored employment-based green cards. The employer asks DOL to certify that there are not enough able, willing, qualified, and available U.S. workers for the specific job in the intended employment area, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
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The certification is an employer filing. DOL’s guidance states that “The filing of applications is the responsibility of the employer, not the employee.” An employee can supply information, review drafts, and coordinate with counsel, but the employer is the party responsible for the PERM application, recruitment record, and attestations.
PERM also does not guarantee an approved I-140, an available immigrant visa, or a green card. It is one stage in a longer immigration case. After certification, the employer must make a separate I-140 petition to USCIS, and the employee’s ability to complete permanent residence depends on the rest of the case and visa availability.
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Who and what must qualify before filing
The sponsoring employer
The employer must qualify as a U.S. employer, have a valid Federal Employer Identification Number (FEIN), and have a U.S. location to which U.S. workers can be referred. The job must be a real opportunity that the employer intends to fill, rather than a position created only for the immigration filing.
The job opportunity
The position must be permanent and full time. The employer defines the actual duties and the minimum education, experience, skills, licenses, and other requirements needed to perform those duties. Requirements cannot be tailored merely to match the foreign worker’s background if they are not genuinely necessary for the job. The work location matters because it affects both recruitment and the prevailing wage.
Occupation category
DOL has separate treatment for professional and non-professional occupations. College and university teachers may use a special-handling pathway when its requirements are met, and there is a limited provision for professional athletes. Because the category changes the recruitment and documentation obligations, the employer should classify the job before creating an advertising schedule.
Step 1: Request the prevailing wage determination
Before filing PERM, the employer requests a prevailing wage determination (PWD) from DOL’s National Prevailing Wage Center. The PWD establishes the wage level that applies to the occupation and work location. The employer must have a valid determination before completing the PERM filing and should settle the job title, duties, minimum requirements, and work location before requesting it.
The wage request uses Form ETA-9141. DOL strongly recommends filing nonagricultural prevailing-wage requests online through the Foreign Labor Application Gateway (FLAG), although employers should follow the current filing instructions in effect when the case is prepared.
ETA-9141 is only the wage request. It is not the permanent labor-certification application. The later PERM filing uses Form ETA-9089. Confusing these forms can lead to an incomplete case or recruitment based on the wrong wage and job description.
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What the employer should verify in the PWD
- The occupation selected accurately reflects the actual duties.
- The worksite or intended employment area is correct, including any locations where the employee will be required to work.
- The wage level and validity period cover the planned recruitment and filing schedule.
- The minimum requirements stated for the job match the requirements the employer will use in recruitment and on ETA-9089.
A material change to the duties, requirements, location, or compensation can require a new analysis. Employers should have qualified immigration counsel review the job and wage strategy before advertising.
Step 2: Complete recruitment and notice
Once the wage and job details are set, the employer performs the recruitment required for the occupation category and gives notice of the filing. DOL distinguishes professional recruitment from non-professional recruitment, and the rules for college or university teachers using special handling differ from the ordinary paths. There is no single advertising checklist that fits every PERM case.
Professional and non-professional cases
The employer must follow the recruitment actions that apply to the selected category and retain evidence showing what was done, when it was done, and what the recruitment produced. The ads and notices should describe the actual opportunity and should not impose requirements beyond those listed on the PERM application.
For a non-professional job, the employer follows the non-professional recruitment framework. For a professional job, the employer follows the professional framework, which includes occupation-specific recruitment elements and additional documentation. The difference is not simply a matter of the employee’s degree; it depends on the occupation and the regulatory treatment of the position.
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College and university teachers
A college or university teaching position may qualify for special handling. That route has its own timing and recruitment evidence requirements, so an employer should determine eligibility before placing advertisements. A teaching job should not be treated as a standard professional case automatically.
Notice of filing
All employers must comply with the notice-of-filing rule. The notice gives U.S. workers information about the job and explains how to submit documentation or complaints under the applicable procedure. The employer keeps proof of the notice and other recruitment steps in the audit file, even though the complete recruitment file is generally retained by the employer rather than sent with the initial electronic filing.
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Recruitment records to preserve
- Copies of advertisements, postings, and notices.
- Dates and locations where each recruitment step appeared.
- Applications or résumés received and the employer’s lawful, job-related disposition of each applicant.
- Evidence of the notice-of-filing process.
- Internal notes showing who conducted recruitment and how minimum requirements were applied.
The employer must be able to explain a rejection using the stated job requirements, not a new requirement invented after an applicant applied. Inconsistent requirements, missing dates, or unexplained applicant rejections are common reasons a case becomes difficult to defend.
Step 3: File Form ETA-9089 with DOL
After the PWD and required recruitment are complete, the employer submits the Application for Permanent Employment Certification, Form ETA-9089, to DOL. Online filing through FLAG is the standard streamlined option; DOL also allows a mail-in alternative under its filing guidance.
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What happens after submission
DOL may certify the application, request additional information through an audit, or deny it. Certification means DOL has accepted the labor-certification step; it does not decide the employee’s qualifications for the I-140 or the employee’s ultimate eligibility for permanent residence.
DOL’s forms guidance states that a certified application is returned electronically. USCIS accepts the signed certified version issued by DOL’s Office of Foreign Labor Certification for the I-140 filing.
Step 4: File the I-140 within 180 days
When DOL certifies ETA-9089, the employer files Form I-140 with USCIS and includes the certified labor certification. The filing goes to the USCIS location specified for the petition and must use the certified version issued by DOL.
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The certification expires if it is not submitted to USCIS within 180 days. The 180-day period is a filing deadline, not a promise that USCIS will decide the I-140 within that time. Employers should calendar the expiration date as soon as certification arrives and assemble the petition early enough to resolve signature, evidence, and delivery problems.
What PERM certification does not establish
- It does not approve the I-140 petition.
- It does not create an immediately available immigrant visa.
- It does not itself grant lawful permanent residence or work authorization.
- It does not eliminate the need to prove the employer’s ability to pay and the worker’s eligibility in the I-140 stage.
How long does PERM take?
Processing estimates change, so use a dated DOL snapshot rather than an undated promise. As of October 5, 2026, DOL listed PERM analyst-review cases at a December 2025 priority date and reported an August 2026 analyst-review average of 336 calendar days. DOL cautions that actual processing varies with the material facts and circumstances of an individual case.
| Processing view | DOL snapshot | How to interpret it |
|---|---|---|
| Analyst review | December 2025 priority date; 336-calendar-day average for August 2026 | A dated average and queue indicator, not a guaranteed decision date |
| Audit review | December 2025 queue; August 2026 average reported as “N/A” | No published August average; audited cases can take longer and should not be estimated from the analyst figure |
The analyst-review number covers DOL review after filing; it does not include time to define the job, obtain the PWD, complete recruitment, respond to an audit, prepare the I-140, or wait for visa availability. DOL updates its processing page monthly, so employers should check the live page before communicating a current estimate to an employee.
Choosing the correct procedural pathway
When a position could fit more than one treatment category, compare the actual occupation and its recruitment rules rather than choosing the shortest-looking checklist. The relevant options may include:
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|---|---|---|
| Professional recruitment | The occupation meets DOL’s professional treatment | Required recruitment actions, timing, advertisements, and retained evidence |
| Non-professional recruitment | The occupation falls under the non-professional treatment | Applicable recruitment steps, notice, deadlines, and applicant records |
| College or university teacher special handling | The teaching position satisfies special-handling conditions | Special recruitment method, timing, selection documentation, and proof of the qualifying search |
| Professional-athlete provision | A limited regulatory provision applies to the athlete’s job | Whether the facts fit the provision and which supporting records are required |
The DOL overview does not provide enough facts to select a pathway for a particular employer. Classification should be made from the job’s real duties, requirements, and recruitment history, with current case-specific advice where the choice is uncertain.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Employer and employee responsibilities
Employer checklist
- Confirm U.S. employer status, FEIN, and a U.S. referral location.
- Define the permanent, full-time job and minimum requirements.
- Choose the correct occupation and treatment category.
- Request the PWD on ETA-9141 and verify the result.
- Complete the category-specific recruitment and notice steps.
- Retain advertisements, applicant records, notices, and recruitment explanations.
- File ETA-9089 accurately through FLAG or the permitted mail process.
- Track certification, audit, and denial notices.
- Submit the certified ETA-9089 with Form I-140 within 180 days.
Employee checklist
- Give the employer accurate résumé, education, experience, license, and immigration information.
- Review the proposed job duties and minimum requirements for accuracy.
- Understand that the employer controls the PERM filing and recruitment record.
- Ask for the filing and certification dates so the 180-day I-140 deadline is not missed.
- Plan separately for the I-140 and later permanent-residence steps; PERM approval alone does not confer status.
Common failure points and practical fixes
Using the wrong wage or location
A PWD based on the wrong occupation or worksite can undermine the recruitment and ETA-9089. Fix the job description and location before advertising, then obtain a determination that matches the opportunity.
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Changing requirements after recruitment
Adding a degree, license, language skill, or experience requirement after applicants respond creates an inconsistency. Use one approved set of minimum requirements in the PWD strategy, advertisements, notice, and filing.
Treating every job as a professional case
Professional and non-professional recruitment differ, and teaching special handling is not automatic. Identify the category before scheduling recruitment and preserve evidence for that category.
Weak applicant documentation
The employer must be able to show how each U.S. applicant was evaluated against the stated requirements. Keep dated records and document lawful, job-related reasons for rejection.
Missing the certification expiration
Certification that is not delivered to USCIS with the I-140 within 180 days expires. Calendar the deadline on receipt and leave time for signatures, evidence assembly, and delivery.
Quoting an undated processing estimate
A queue snapshot changes. State the date, queue category, and whether the figure is an average. Do not use the 336-day analyst-review figure as a promise or as an estimate for audit cases.
What happens after the PERM stage?
The immediate handoff is the employer’s I-140 petition to USCIS with the certified ETA-9089. USCIS then evaluates the petition under its own requirements. Any later adjustment-of-status or consular processing step is separate, and timing can depend on immigrant-visa availability and the employee’s circumstances. Because PERM only certifies the labor-market test, employers and employees should avoid treating certification as the final green-card approval.
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Frequently Asked Questions
What does my employer have to do for PERM?
The employer must define a permanent, full-time U.S. job; obtain a prevailing wage determination on ETA-9141; complete the recruitment and notice steps for the occupation; file ETA-9089 with DOL; and, if certified, submit the certification with Form I-140 to USCIS within 180 days.
What happens after PERM is approved?
The employer receives the certified ETA-9089 and files Form I-140 with USCIS. The certification is not a green card, does not guarantee I-140 approval, and expires if it is not submitted to USCIS within 180 days.
How long does PERM take in 2026?
In DOL’s October 5, 2026 snapshot, analyst-review cases showed a December 2025 priority date and an August 2026 average of 336 calendar days. The figure is not a guarantee, excludes earlier preparation and later immigration steps, and does not estimate audited cases; DOL listed the August audit average as “N/A.”
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