The Labor Certification, also commonly referred to as PERM, is the process by which an employer sponsors an employee for an immigrant petition. This type of application involves two agencies, namely the Department of Labor (DOL), and United States Citizenship and Immigration Services (USCIS).

The process itself is a test of the US labor market, to show the DOL that there are no qualified permanent residents or US citizens for the position. The process involves obtaining a prevailing wage from the DOL to ensure that the position is paid at least the prevailing wage, and recruiting for the position in a specific way. Advertising for the position is done for roughly 30 days (length of recruitment may vary depending on the state, as some states reserve the first few days of recruitment on the state’s job website for veterans), and then is followed by another 30-day period, for the public to apply in response to the recruitment. If at the end of the recruitment process, a qualified US citizen or permanent resident is not found, an application is made to the DOL to certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the position.

Within 180 days of the DOL certifying the Labor Certification/ PERM (form ETA 9089), an I-140 application is made to USCIS. At this stage the employer must establish that the company or organization has the ability to pay the offered wage, and the employee must establish that they meet the requirements for the position (education, certifications, experience, etc.). Depending on the availability of visas (priority dates dictate this), the I-140 can be filed concurrently with the adjustment of status (I-485).

Radu C. Vasilescu

April 2021

Receive Phone Consultation

Please provide a name.
Please provide a name.

We will call you back shortly