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PERM is an employer-led U.S. Department of Labor (DOL) labor-certification process that generally comes before an employment-based immigrant petition. The employer defines a permanent, full-time job, obtains a prevailing wage determination, completes the recruitment and notice steps that apply to the job, and files Form ETA-9089. If DOL certifies the application, the employer can generally use the certified application in a later Form I-140 petition to U.S. Citizenship and Immigration Services (USCIS). PERM itself is not a green card or an I-140 approval.
What PERM labor certification is for
PERM addresses whether U.S. workers are able, willing, qualified, and available for the job in its intended area, and whether hiring the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. DOL describes its certification role this way: “The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.” DOL’s PERM program overview explains the purpose and basic process.
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The employer, not the worker, drives the PERM application. It is not a personal form the worker files to apply for permanent residence. The process concerns a specific job opportunity and its requirements, so those details need to accurately reflect the job rather than being tailored to a worker after the fact.
How the PERM process works, step by step
1. Define the permanent job and its actual requirements
The employer establishes the job duties, minimum requirements, and intended area of employment. DOL’s overview describes the opportunity as permanent and full-time. The rules provide different routes for professional and non-professional occupations, qualifying college and university teacher cases, and professional athletes; the applicable route affects recruitment requirements. The employer should identify the correct category before proceeding, rather than assume one recruitment recipe fits every job. See DOL’s permanent labor certification overview.
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2. Request a prevailing wage determination
Before filing PERM, the employer requests a prevailing wage determination (PWD) from DOL’s National Prevailing Wage Center using Form ETA-9141. The determination is based on the occupation’s classification and the area where the job will be performed. The job title, duties, requirements, location, and wage information should align across the wage request and the later PERM application. DOL explains the process in its prevailing wage guidance.
3. Complete the required recruitment and notice steps
The employer must carry out the recruitment and notice requirements applicable to the occupation and regulatory route. DOL identifies a notice-of-filing requirement for all employers, but the recruitment method and other requirements vary by case category. There is no single ad checklist or timeline that applies to every PERM case. Employers should confirm the current rules for their job category and follow the relevant recordkeeping requirements; DOL’s PERM overview is a starting point for identifying the program requirements.
4. File Form ETA-9089 with DOL
Form ETA-9089 is the Application for Permanent Employment Certification. Employers can file online through DOL’s FLAG system or by mail. The DOL foreign labor forms page provides the form, appendices, and instructions. The application should reflect the job and recruitment that were actually carried out.
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After certification, the employer generally submits Form I-140, an immigrant petition, to USCIS using the certified ETA-9089. DOL says the certified electronic ETA-9089 is the version used with I-140; its forms guidance also says USCIS accepts the signed version issued by the Office of Foreign Labor Certification (OFLC) and rejects other versions. Check the current instructions on the DOL forms page before filing.
The PERM filing or receipt date serves as the priority date for USCIS and Department of State purposes, as applicable. That date places the case in the employment-based immigration sequence; it does not by itself grant permanent residence or establish that a visa is available. DOL describes the filing-date relationship in its PERM overview.
What happens after PERM—and what it does not mean
PERM is only the labor-certification stage. A certified application is not approval of the I-140 petition, permission to work, or a green card. The next employer filing is generally the I-140 petition, and the later route to permanent residence depends on separate USCIS and Department of State requirements.
Whether and when a worker can proceed to the next green-card stage depends on the applicable employment-based category, priority date, country of chargeability, and individual circumstances. Visa availability and the requirements for adjustment of status or consular processing are separate questions; certification alone does not mean the worker can immediately file for or receive a green card. Check current USCIS and Department of State instructions for the specific case.
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As of October 5, 2026, DOL’s FLAG processing dashboard showed cases with a December 2025 priority date under analyst review and under audit review. It reported an average of 336 calendar days for analyst-review determinations in August 2026. This is a historical average reported by DOL, not a forecast for an individual application: DOL says processing varies with case facts and circumstances, and the dashboard’s queue dates describe cases being adjudicated rather than guaranteeing a particular filing’s timeline. Check the FLAG processing-times dashboard for the latest figures.
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Where cases can differ
Two PERM cases can follow different recruitment paths because the occupation category and governing regulatory route matter. Cases may also differ in whether DOL audits an application or requires supervised recruitment, and in how long later visa availability and green-card steps take. Those distinctions make it important to identify the case category and check its current requirements instead of relying on a universal checklist or timeline.
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