The PERM Certification For Employment-Based Green Cards

Key Notes:

• • PERM certification is the first step for many employment-based green card cases, proving that no qualified U.S. workers are available.

• • Employers must meet strict recruitment, advertising, and record-keeping requirements.

• • The process involves multiple filings, including ETA Form 9089 with the Department of Labor.

• • A PERM certification attorney can guide both employers and workers to avoid costly delays or denials.

In Houston, industries like healthcare, engineering, oil and gas, and tech often look beyond our borders to find the talent they need. For many foreign workers, that opportunity begins with an employment-based green card. But before most employers can sponsor a worker for permanent residency, they must clear an important hurdle, PERM certification.

PERM, or Program Electronic Review Management, is the Department of Labor’s way of ensuring that hiring a foreign worker will not take away a job opportunity from a qualified U.S. worker. For most EB‑2 and EB‑3 cases, it’s the very first step. 

Without an approved PERM, the Green Card process can’t move forward. As a permanent residency lawyer here in Houston, I’ve seen how handling this step properly protects your chances and keeps your application on track.

What Is PERM Certification?

PERM certification is the process used by the U.S. Department of Labor to ensure that employing a foreign worker for a permanent role will not negatively affect U.S. workers. It confirms that the hiring will not reduce job opportunities, lower wages, or worsen working conditions for American employees. It’s the first step in most employment-based Green Card cases under the EB‑2 and EB‑3 categories.

Not every Green Card category requires PERM. For example, EB‑1 priority workers, EB‑4 special immigrants, and EB‑5 investors can bypass it. But if you’re being sponsored for a professional, skilled, or unskilled role, chances are your employer must go through this process.

Employer Obligations Under PERM

For PERM certification to be approved, the employer must follow strict Department of Labor rules. These requirements are designed to protect U.S. workers while allowing companies to hire foreign talent when no qualified domestic candidates are available.

• • Prove No Qualified U.S. Worker Is Available. The employer must show that they made a genuine effort to recruit U.S. workers for the position. This shows they could not find anyone who met the job’s requirements.

• • Offer the Prevailing Wage. The wage must meet or exceed the official “prevailing wage” for that occupation and location. This ensures fairness and prevents wage undercutting.

• • Cover All PERM-Related Costs. The employer is legally required to pay for all expenses related to the PERM process, including recruitment and filing fees. These costs cannot be passed on to the foreign worker.

• • Follow Good-Faith Recruitment Practices. Employers must advertise the job in specific ways and keep detailed records of all recruitment efforts, resumes received, and reasons for rejecting candidates.

• • Maintain Accurate Records. Documentation supporting every step of the recruitment and wage process must be kept for potential audits. The Department of Labor can request this evidence even after certification.

Failing to follow these rules can lead to delays, audits, or outright denial of the PERM application, and that can stall the entire green card process.

The PERM Process

The PERM process has several stages, each with strict rules and deadlines. Missing a single requirement can reset the process, so it’s important for both the employer and the worker to understand the timeline.

1. 1. Prevailing Wage Request. The employer requests an official prevailing wage determination from the Department of Labor (DOL). This sets the minimum salary they must offer for the position based on the role, skill level, and location.
   2. Recruitment Process. The employer advertises the job in specific ways, usually in newspapers, on state workforce agency websites, and through other approved recruitment channels. Each ad must run for a set amount of time, and the employer must wait a required period before filing.
   3. Review & Record Recruitment Results. The employer must collect and review all resumes received during the recruitment period. They must document legitimate, job-related reasons for rejecting any U.S. applicants.
   4. Filing ETA Form 9089. Once recruitment is complete and no qualified U.S. workers are found, the employer files ETA Form 9089 with the DOL. This form details the job, wage, recruitment efforts, and worker’s qualifications.
   5. DOL Review & Decision. The Department of Labor reviews the application. If everything is in order, the PERM certification is approved. If something triggers concern, the case may be audited, which can significantly extend processing times.
   6. Approval or Audit. Approval means the employer can move to the next stage — filing the I‑140 Immigrant Petition for Alien Worker. Audit requires the employer to submit additional proof of recruitment efforts, wage compliance, and other details before a decision is made.

How PERM Connects To The Green Card Application

PERM certification isn’t the end of the road; it’s the foundation for the rest of your employment-based green card process. Once the Department of Labor approves PERM, your employer can file Form I‑140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

The I‑140 filing serves two purposes. First, it confirms to USCIS that you meet the requirements for the job described in the PERM application.
Second, it establishes your priority date, the place in line for your green card based on your employment category and country of origin.

Once your priority date becomes current under the Visa Bulletin, you can proceed to the final step. If you are already in the United States with a valid status, you may apply for Adjustment of Status. If you are outside the country, you will go through Consular Processing at a U.S. consulate abroad.

Avoiding The Roadblocks In Your PERM Journey

Even when the job offer is solid and both sides are committed, small mistakes in the PERM process can cause major setbacks. Here are the most common missteps and how to steer clear of them.

Vague Or Inaccurate Job Descriptions

If the job posting is too broad or doesn’t match the actual role, the DOL may question whether the recruitment was genuine. Always use clear, specific job duties that match the position offered in the green card process.

Missed Recruitment Deadlines

The recruitment timeline is strict. If ads aren’t placed within the required timeframes or if the waiting period is skipped, the entire process may need to be restarted.

Incorrect Wage Determination

Paying below the prevailing wage is an automatic red flag. Employers should confirm the wage with the DOL before posting the job to avoid compliance issues.

Weak Or Missing Documentation

Every recruitment effort must be documented: ads, resumes, interview notes, and rejection reasons. Without this, an audit could result in denial.

Overlooking Employer Cost Rules

By law, the employer must cover all PERM-related expenses. If the DOL finds out that costs were shifted to the worker, the case can be denied.

Quick Answers To Common Questions About PERM Certification

The PERM process raises a lot of “what if” and “how long” questions. Here are some of the ones we hear most often, with clear answers to help you understand the basics before you dive in.