Labor certification
PERM Labor Certification: What It Is and How It Works
It is the first step of EB-3 sponsorship: the employer shows the Department of Labor that it offers a genuine, permanent job and that no qualified U.S. workers are available to fill it.
What labor certification is
PERM labor certification is the procedure through which the employer shows the Department of Labor (DOL) that a genuine, permanent job opportunity exists and that, after following the applicable requirements, no available, qualified, willing and able U.S. workers were found to fill the position. Its purpose is to protect the opportunities, wages and working conditions of U.S. workers.
The steps
- 1
Employer registration
The company registers in the DOL's FLAG system when applicable, and its information and access are verified. Registration only enables electronic filing: it is not an immigration approval.
- 2
Needs assessment
The company defines how many positions need to be filled, where they will work, what duties they will have and what wage applies. Job requirements must be real: artificial criteria are a common cause of audits and denials.
- 3
Prevailing wage (ETA-9141)
The DOL determines the minimum wage that must be offered for that occupation in that area. Recruitment cannot begin without this determination.
- 4
Mandatory recruitment
The company tests the U.S. labor market: a 30-day job order with the state agency, two Sunday advertisements and a notice posted at the workplace for 10 business days. For professional positions, three additional recruitment steps are added. Everything must be done between 30 and 180 days before filing.
- 5
Recruitment report and Form ETA-9089
Everything done to find U.S. workers is documented and Form ETA-9089 is filed. The DOL may approve, audit or deny. The priority date is normally the day the DOL properly receives the application.
Reference timelines
- Prevailing wage
- ≈ 4 months
- Recruitment
- ≈ 2 to 3 months
- PERM review (no audit)
- ≈ 11 to 15 months
- Reference total
- ≈ 18 months or more
These are planning references, not official deadlines. An audit or a change in the case can add several months. Check current times at flag.dol.gov/processingtimes.
Who pays
The mandatory costs of the certification, such as recruitment and advertising, belong to the employer and may not be shifted to the worker, directly or indirectly (20 CFR § 656.12(b)). The DOL does not ordinarily charge a filing fee for Form ETA-9089.
Frequently asked questions
Can a small business sponsor a foreign worker?
Yes. Size is not a barrier, but the company must offer a genuine permanent job and show it can pay the wage. There is no minimum number of employees.
What happens if a qualified U.S. worker responds to recruitment?
The employer must consider the applicant in good faith. If a qualified U.S. worker is available, the certification cannot be filed for that opening.
What happens if the DOL audits the case?
The employer must submit the requested documents within the deadline, generally 30 days. An audit adds months and failing to respond leads to denial, which is why records are kept from day one.
How long must the documents be kept?
Five years from filing: advertisements, notices, résumés received, interview notes and the recruitment report.
Is an approved certification a visa or a work permit?
No. It enables the next stage, the I-140 petition with USCIS. Approval is not a visa or work authorization.
Keep reading
This content is informational and summarizes general requirements (20 CFR Part 656). MADLIC is not a law firm and does not provide legal advice: an attorney must confirm the requirements that apply to each case. No outcome is guaranteed.