Most persons who obtain permanent residence in the United States through employment must undergo the PERM (labor certification) process. Employers must submit PERM applications to the U.S. Department of Labor demonstrating that they have attempted to recruit U.S. workers for the job in question, but have been unsuccessful.
The first step in the labor certification process is for the employer to electronically request a prevailing wage determination (PWD) from the U.S. Department of Labor (DOL). The employer provides the DOL with job duties, requirements and location.
Then, the employer must conduct good faith recruitment to see if there are any qualified U.S. workers for the job. He must advertise the job in a newspaper of general circulation in the area of intended employment. The employer must also advertise the job with the state workforce agency and post a notice of the job opportunity at the work site.
Finally, if no qualified U.S. workers apply for the job, the employer must prepare and submit a PERM application, form ETA-9089, electronically to the DOL. Generally, the DOL takes several months to adjudicate the PERM application.
If and when the application is approved, the employer has 180 days to submit a form I-140 visa petition to the USCIS.
Over the past 30 years, our US immigration law firm has been successful in obtaining the approval of thousands of PERM, or Department of Labor labor certification, applications for a wide-variety of professional, skilled and unskilled workers.
We hope the information contained on this page helps you to better understand the PERM process.
“I must acknowledge the Law Offices of Carl Shusterman for their expert, diligent and responsive attention to my successful petition for permanent residency…I am particularly grateful for the assistance and outstanding customer service of Judy Lu, Sr. Paralegal, who guided us through the process from H1-B to PERM to adjustment of status for permanent residency…” (More client reviews…)
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This page is divided into the following subtopics:
- Success Stories
- General Information
- iCert Visa Portal System
- PERM Specialization FAQs
- PERM FAQs
- Attorney Involvement in the PERM Process
- Getting a PERM Denial Reversed (March 2010)
- Software Developer: “Our First PERM Approval” (September 2005)
- PERM – Permanent Labor Certification (USDOL)
- Online PERM Registration
- DOL Criteria on PERM Audit Review and Supervised Recruitment (3-19-2013)
- PERM Statistics (2-15-2012)
- PERM Processing Slows Dramatically (9-30-2009)
- DOL Releases PERM Statistics for FY2007 (February 2008)
- DOL Final Regulation re: Substitution of Labor Certificates (5-17-2007)
- PERM Statistics (March 28,2005 – March 2, 2007)
- Letter Requesting Remand of BALCA PERM Appeals in light of decision in
- Matter of HealthAmerica (August 2, 2006)
- Matter of HealthAmerica – BALCA Case No. 2006-PER-1 (July 18, 2006)
- PERM Users Guide, Version 1.00 – 50 Pages (April 26, 2005)
- PERM Regulations – (12-27-2004)
- Summary of PERM Regulations – (AILA)
- News Release: DOL Publishes Final PERM Regulations – (12-27-2004)
- iCert Portal iCERT Prevailing Wage Quick Start Guide
- iCert Portal User Guide
- Announcing the New iCERT Portal System for Temporary and Permanent Labor Certifications (4-15-09)
- Announcement of New iCERT Visa Portal System – Coming April 15, 2009
- iCert External User Guide, Version 1.0 (April 2009)
- iCert LCA Module External User Guide, Version 1.0 (April 2009)
- DOL’s 12th FAQ (October 12, 2010)
- DOL’s 11th FAQ (August 9, 2010)
- DOL FAQ: Appeals (December 1, 2009)
- DOL FAQ: Change of Address and Update Legal Representation with Department of Labor (December 1, 2009)
- DOL’s 10th FAQ (May 9, 2007)
- DOL’s 9th FAQ (November 29, 2006)
- DOL’s 8th FAQ (March 20, 2006)
- DOL’s 7th FAQ (February 21, 2006)
- DOL’s 6th FAQ (February 14, 2006)
- DOL’s 5th FAQ (August 8, 2005)
- DOL’s 4th FAQ (June 1, 2005)
- DOL’s 3rd FAQ (May 4, 2005)
- DOL’s 2nd FAQ (April 7, 2005)
- DOL’s 1st FAQ (March 3, 2005)
- DOL Settlement with Fragomen Law Firm (10-24-08)
- Fragomen Reply Brief in Lawsuit Against Department of Labor (9-11-08)
- Government Reply Brief in Fragomen Lawsuit (8-29-08)
- Restatement of PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR § 656.10(b)(2) – (8-29-08)
- Fragomen Law Firm Sues Labor Department (8-08-08) – Wall Street Journal
- Fragomen’s Complaint – Filed in Federal Court in District of Columbia (8-08-08)
- Fragomen’s Motion for a Preliminary Injunction – Filed in Federal Court in District of Columbia (8-08-08)
- DOL Initiates Supervised Recruitment of PERM Applications Filed by Immigration Law Firm (7-08-08)
- DOL Announces Debarment of Immigration Software Company (7-08-08)
- Do Lawyers Help Companies Find Reasons Not to Hire U.S. Workers? (6-27-08) – Wall Street Journal
- AILA’s Response to the DOL’s Decision of Auditing Immigration Law Firm (6-04-08)
- DOL Answers FAQs About the Audit of Labor Certification Applications Filed by Immigration Law Firm (6-04-08)
- DOL Auditing All Permanent Labor Certification Applications Filed by Major Immigration Law Firm (6-02-08)