What is PERM labor certification and why is it required?

PERM (Program Electronic Review Management) is the labor certification process required for most employment-based green card categories, specifically EB-2 and EB-3. The purpose is to ensure that hiring a foreign worker will not adversely affect US workers in similar positions. The employer must conduct a prescribed recruitment effort and show that no qualified, willing, and available US workers applied.

The employer files ETA Form 9089 with the Department of Labor. Before filing, they must advertise the position through mandatory recruitment steps including Sunday newspaper ads, a 30-day job order with the state workforce agency, and additional steps depending on the occupation. The employer must document all applicants and their reasons for not hiring each one.

If DOL approves the PERM, the employer can proceed to file Form I-140 with USCIS. PERM approval does not guarantee a green card; the worker must still wait for a visa number based on their priority date (the PERM filing date). PERM is not required for EB-1, most EB-5, and EB-2 NIW petitions.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.