PERM (LC Filing)

Once the Prevailing Wage Determination (PWD) and Recruitment Phase are successfully completed, the next step is filing the PERM Labor Certification using ETA Form 9089.

1. What is PERM?

A PERM Labor Certification is issued by the U.S. Department of Labor (DOL) and allows a U.S. employer to hire a foreign worker for a permanent position. Before filing an immigration petition with USCIS, most employers must first obtain this certification.

The DOL must confirm that:

• There are no qualified U.S. workers available for the job; and
• Hiring a foreign worker will not negatively impact the wages or working conditions of U.S. workers.

To streamline the process, the DOL introduced an electronic PERM system in 2005, improving efficiency and processing times.

2. How It’s Filed?

After the Prevailing Wage Determination (PWD) is issued and the Recruitment Phase is successfully completed, the employer (or their immigration attorney) can move to the next step: filing the PERM Labor Certification.
This is done by submitting Form ETA-9089 electronically through the DOL’s FLAG (Foreign Labor Application Gateway) system.

The application must include:

• A complete description of the job opportunity (title, duties, requirements)
• The results of the recruitment efforts, showing that no qualified, willing, and available U.S. workers were found
• Employer’s attestations regarding compliance with labor regulations
• The foreign worker’s (beneficiary’s) details — only after confirming that recruitment was fairly conducted and no qualified U.S. applicant was available

Once submitted, the Department of Labor (DOL) will review the ETA-9089 form and issue either a certification (approval) or an audit (request for more information).

3. PERM Approval Time
The average processing time depends on whether the case is selected for audit or not:
Regular Cases:
Processing usually takes around 6 to 9 months after filing.

Audited Cases:
If the DOL issues an audit (which is a more detailed review), the process may take 12 to 18 months or more depending on the workload and complexity of the case.

Premium Processing Not Available:
Unlike USCIS petitions (such as the I-140), PERM does not offer premium or expedited processing.

• What Happens After PERM Approval?

Once PERM is certified by the DOL, the employer can proceed to the Immigrant Petition stage by filing Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This is the next key step in obtaining a Green Card for the foreign worker.