PERM Processing


PERM (Program Electronic Review Management) Processing refers to a process that the U.S. Department of Labor uses to issue a Labor Certification (LCA) to a U.S. employer.  This LCA is the first step in a series of steps which allows a U.S. employer to hire a non U.S. citizen to work permanently in the U.S.


The gist of PERM processing is establishing that sufficient U.S. citizens are not able, qualified, willing, and available to work at the particular job as desired by the U.S. employer, and that the employment of a non U.S. citizen will not adversely affect the wages and working conditions of similarly employed U.S. workers.  Therefore, obtaining a Labor Certification Application (LCA) from the DOL is the first step in the process of obtaining an employment-based Legal Permanent Residence (often known as "Green Card").


PERM Processing involves three crucial Steps which must be understood by any employer willing to hire a non U.S. citizen permanently, and by the non-U.S. citizen employee who wishes to work in that capacity:




The first step in PERM processing is the request by a U.S. worker to the DOL that the DOL makes a prevailing wage determination.  The application required for this request is Form ETA 9141.  This application provides DOL with information about the job offered to the foreign worker, the requirements of that position, the job duties of that worker, and the work site location.  The DOL analyzes this information, and issues a Prevailing Wage Determination to the U.S. employer.  Similar to a temporary work visa or the H-1B, this determination by the DOL states the minimum salary that the foreign worker must be paid for the specific job and the specific location for which the U.S. employer filed the Form ETA 9141. 




Once DOL has come out with its Prevailing Wage Determination, the second step is advertisement and recruitment.  This is often the most time consuming process in the entire PERM Process and requires significant work by the U.S. employer, the foreign worker, and immigration attorneys.  This is the step which demonstrates to the DOL that there is no able, willing, qualified, and available U.S. worker who is willing to accept the job opportunity which the U.S. employer has offered to the foreign worker. 


A U.S. employer must genuinely seek to hire U.S. workers for this position, which often translates into advertising the particular job opportunity through at least six different forms of media.  Further, out of these six forms, three forms are required, and the other three may be chosen from a list of ten different options.  The required media options are:

1.  The job announcement or the advertisement must run for 30 days on the State Workforce Agency (SWA) website of the state where the job opportunity is located

2.  The job announcement or the advertisement needs to run on two consecutive Sundays in a newspaper of general circulation in the area of intended employer

3.  Finally, a notice needs to be posted about the job opportunity for ten consecutive business days at the U.S. employer's place of business.


Additionally, the employer needs to advertise through at-least three of these ten other methods:

1.  Job Search Website

2.  Employer's Website

3.  Job or Career Fair

4.  On-campus recruiting

5.  Posting the job with a Trade or a Professional Organization

6.  Posting the job with private employment firms or recruiters

7.  Posting the job through an employee referral program which includes identificable incentives

8.  Posting the job opportunity with a campus placement office

9.  Local and Ethnic newspapers which are appropriate for that particular job

10. Radio and television advertisements


NOTE:  The U.S. employers should ideally place all these advertisements at the same time or as close to each other as possible.  Immigration laws require these advertisements to be less than 180 days old at the time of filing the PERM application.  


Also, the U.S. employer must respond to any queries to these advertisements promptly and appropriately.  Consult an immigration attorney as to the appropriate response and screening of potentially qualified applicants required to fulfill U.S. laws.




Once the recruitment and advertising period is complete and there are no U.S. workers who accept the job opportunity, the U.S. employer may submit the Form 9089 to DOL for Labor Certification.  This form is usually submitted electronically to DOL's website, and it takes several months (7-9) for DOL to adjudicate this petition.  After adjudication, DOL may approve, deny, or audit the application.  Auditing the PERM involves asking the U.S. employer to provide additional evidence on the application which will allow DOL to review and approve or deny the application. 


NOTE: A certified PERM is valid for six months.  Make sure that your employer files for a I-140 immigrant petition during this period.  Also, DOL does not permit any amendment, modification, or correction on a pending or approved PERM, therefore, make sure that you consult only an expert immigration attorney to help you navigate this process.




DOL requires that ALL attorney fees, costs for filing, and the costs for preparing PERM (which include the costs for advertisement) must be paid by the U.S. employer.



Subscribe to Brenman Immigration Law Updates

North Carolina:       976 Martin Luther King, Jr. Blvd, 2nd Floor, Chapel Hill, NC - Cornerstone Building - BY APPOINTMENT ONLY

 | Ph: 1-919-932-4593 | Fax: 1-919-942-8674 , Web: 


  • YouTube Clean
  • Google+ Clean
  • w-facebook
  • LinkedIn Clean
  • Twitter Clean

© 2018 by Brenman Immigration Law Firm, PLLC.


DISCLAIMER: Brenman Immigration Law Firm is located in Chapel Hill, North Carolina.  We serve clients in Washington, DC, Virginia, Maryland, North Carolina, and nationwide.  Our practice is limited to Federal Immigration Law only. 


All material contained herein is for informational purposes only. They are not offered as legal or any other advice on any particular matter. Viewing or transmitting this information does not create nor constitute an attorney-client relationship between Brenman Immigraton Law Firm, PLLC, and the user.  The Firm and the attorneys expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this web site. Reproduction of part or all of the contents in any form is prohibited other than for individual use only and may not be recopied and shared with a third party.  The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.  The site contains links to servers maintained by other business and organizations which is intended to aid research or provide a service to site visitors.  The Firm cannot provide any warranty as to the accuracy or source of information contained on any of these servers.