Application for Permanent Employment Certification (PERM)

The Application for Permanent Employment Certification (PERM) is an important part of the process that enables a U.S. employer to hire a foreign worker for permanent employment in the United States.

A U.S. employer that wishes to sponsor a foreign worker for permanent employment is first obligated to submit an online request for a prevailing wage determination (PWD) with the U.S. Department of Labor (DOL). As part of this request, the employer must provide the DOL with a detailed description of the job opportunity, which includes the duties and requirements of the job, as well as its location.

Next, the employer must attempt to recruit potential candidates in good faith, to determine if there are any U.S. workers willing, able, and qualified for the job opportunity. In order to adequately test the labor market, the DOL requires that employers utilize a combination of both mandatory and “employer’s choice” recruitment steps. For example, the DOL requires that the employer advertise the job opportunity in the Sunday edition of the newspaper of general circulation in the area of intended employment; advertise the opportunity with the state workforce agency for a period of 30 days; and post a notice of the job opportunity at all work sites. This process is designed to ensure that the hiring of the foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers.

If no qualified U.S. workers apply for the job opportunity, the employer must then prepare and submit Form ETA-9089 (the PERM application) electronically to the DOL. Generally, the DOL takes several months to adjudicate this application. Once approved, the employer then has 180 days to submit Form I-140, Immigrant Petition for Alien Worker, to the United States Citizenship and Immigration Services on behalf of the foreign worker.