Immigration
Definition
A mandatory U.S. Department of Labor process that employers must complete before sponsoring most foreign workers for employment-based green cards, proving no qualified American workers are available for the role.
PERM (Program Electronic Review Management) labor certification is the first step in the EB-2 and EB-3 employment-based green card process for most workers. Administered by the Department of Labor (DOL), PERM requires the sponsoring employer to conduct a rigorous, DOL-prescribed recruitment campaign to test the U.S. labor market and demonstrate that no minimally qualified, willing, and available U.S. workers applied for the position.
The recruitment process must follow specific rules: it typically includes two Sunday newspaper advertisements, a 30-day internal job posting, and three additional recruitment steps chosen from a DOL-approved list (job fairs, campus recruitment, professional organization postings, etc.). The employer must document and evaluate every applicant, reject only those who are lawfully disqualified, and maintain detailed records for five years. The recruitment must be completed before the PERM application is filed, and results must reflect a genuine test of the market.
Once recruitment is complete, the employer files the ETA Form 9089 electronically with the DOL. If approved — typically within 6–18 months for non-audited cases — the approved PERM establishes the employee's priority date (or preserves an earlier date from a previous filing) and allows the employer to proceed with the I-140 immigrant petition. PERM applications are frequently selected for audit, requiring the employer to submit the recruitment documentation for DOL review.
Importantly, PERM certifies the position, not the individual worker. The job requirements in the PERM application become binding — the employer cannot later add new requirements or significantly change the role. The position must be for a permanent, full-time job at the employer's location.
PERM is one of the most procedurally demanding steps in U.S. immigration — a single error in the recruitment documentation, a non-compliant job posting, or an improperly documented rejection of a U.S. applicant can result in a denial or a supervised recruitment order, costing the employer months and requiring the entire process to restart. Audits are common and require meticulous recordkeeping.
For employers serious about retaining international talent long-term, starting the PERM process early (often while the worker is still in H-1B status) is critical for preserving favorable priority dates. Immigration attorneys who specialize in PERM can design the recruitment plan, prepare the documentation, respond to audits, and ensure the application survives DOL scrutiny.