PERM labor certification is the first and most complex step in sponsoring a foreign national employee for a U.S. green card. Administered by the U.S. Department of Labor (DOL), the process requires an employer to demonstrate that no qualified, willing, and available U.S. workers exist for the offered position before a foreign national can be sponsored for permanent residence.
PERM is not a visa. It is a labor market test — a federal certification that clears the way
for an employment-based green card petition.
Why PERM Exists
The PERM process is grounded in federal law — specifically the Immigration and Nationality Act (INA) Section 212(a)(5)(A), implemented by the Department of Labor at 20 C.F.R. Part 656. Its legal purpose is to ensure that employing a foreign national will not adversely affect the wages or working conditions of similarly employed U.S. workers.
In plain terms: before an employer can sponsor a foreign worker for a green card, the government requires proof that the job was genuinely offered to the U.S. labor market first.
Who Initiates the PERM Process?
PERM is entirely employer-driven. The sponsoring employer — not the foreign national employee — bears responsibility for initiating the process, conducting recruitment, paying all related costs, and filing the application. The foreign national cannot self-sponsor through PERM, and employers with familial or ownership relationships to the employee are prohibited from sponsoring under this process.
The Three Stages of Employment-Based Green Card Sponsorship
PERM is the first of three steps in obtaining an employment-based green card:
- Step One — Labor Certification (PERM): The employer conducts recruitment and files with the Department of Labor.
- Step Two — Immigrant Petition (Form I-140): After PERM approval, the employer files a petition with U.S. Citizenship and Immigration Services (USCIS).
- Step Three — Permanent Residence Application: The employee applies for their green card, either within the U.S. (Adjustment of Status) or abroad (Consular Processing).
Total processing time — from the initial prevailing wage request through final green card approval – will generally range from three years to five years, depending primarily on the employee’s immigrant visa category (EB-2 or EB3 professional, skilled worker, or other worker) the availability of visa numbers. Moreover, citizens of overrepresented countries (historically mainly India and China) will likely experience longer wait times ranging from five to over twelve years.
What Does the Employer Have to Do?
The sponsoring employer must satisfy three core obligations:
- Demonstrate a genuine need for the offered position.
- Show financial ability to pay the offered wage from the priority date forward.
- Conduct a recruitment process that fairly tests the U.S. labor market.
All attorney fees, advertising costs, and recruitment expenses related to the labor certification must be paid solely by the employer. Federal regulations prohibit the foreign national from contributing to or reimbursing any of these costs — directly or indirectly. Violations can result in denial or revocation of an approved certification, audits, or supervised recruitment for future filings, fines, debarment from the PERM program for a period of time, and potential findings of fraud or misrepresentation if willful misconduct is involved, etc.
What PERM Is Not
It is worth clarifying what PERM does not do for a foreign national. It is not a guarantee of employment, a contract of any kind, or a guarantee of immigration outcome. The employment offer remains at will throughout the process. PERM certification also does not grant any immediate immigration status or work authorization — those are addressed in the subsequent steps.
Is PERM the Right Option?
Not every green card route requires PERM. Some categories — such as the EB-1A (extraordinary ability) or EB-2 National Interest Waiver — allow employees to bypass labor certification entirely. Whether PERM is the appropriate path depends on the employee’s qualifications, the nature of the position, the employer’s long-term workforce planning, and careful analysis by a qualified, licensed attorney.
For an overview of the PERM process — including timelines, recruitment requirements, and employer obligations – see PERM Labor Certification at polatsek.law. To discuss your specific situation, contact Polatsek, Boheme & Wilkowski for a free initial consultation.
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