10 Essential PERM Stages Every Recent Immigrant Should Know

Introduction

When someone is an immigrant going through the PERM process it can be very hard to follow along. In this article we will go through the PERM process broken down into the 10 steps to help give a better understanding of the process. We have also included steps to make this process easier for prospective employees.

Conduct Labor Market Test

The Labor Market Test / Assessment for Labor can be a very difficult process. Most processes have strict regulations that must be adhered to throughout the process and often require the employer to post the job and hold interviews for 60-90 days. The labor market test is designed to assess whether there are sufficient numbers of US workers who are available and able to perform the specific job for which the foreign worker is sought. It is also one means by which USCIS can determine whether or not a foreign worker is necessary for an employer’s labor needs and also is a means to determine whether or not a delay and/or denial of a perm application might occur.

The following steps must be followed in order to properly conduct a Labor Market Test for permanent employment of foreign workers:

• Job Advertising: The employer must advertise the job opportunity for employment for sufficient visibility to the labor force. Most employers utilize online job boards to post their available jobs; others may use print media such as Sunday newspapers. Importantly, the advertisements must clearly state the normal terms and conditions of the specific job being tested. This means that the job advertisements cannot be placed in certain publications that are not as visible to the work force as would be typical for similar types of employment that the employer would advertise for.
• Recruitment Steps: The two steps that are required for all occupations are: 1) A State Workforce Agency (SWA) Job Order and 2) two Sunday Newspaper Advertisements. Professional occupations that are on the Schedule A List of Occupations must also complete three additional steps from the approved list of steps as published by the DOL for the labor market testing for such occupations during the testing process.
• Good Faith Efforts: Test the labor market in good faith by holding employer’s jobs open and treating all applicants equally. The employer must maintain a record of all job offers made and of steps taken with respect to job advertising and applicant recruitment for the specific tested job.

The DOL’s strict interpretation of the Kellogg language for alternate requirements to an employer’s jobs that are being published for testing, as found in new ETA-9089 for professional occupations that have been moved from the Professional Occupations List to Schedule A List of Occupations, requires that a firm experienced in immigration law review a firm’s testing procedures and advertisements for available jobs to assess any problems or required changes to avoid processing delays that could cause other problems and prevent a needed foreign worker from being hired by an employer.

Obtain Prevailing Wage Determination

To begin the PERM process, the employer must start by obtaining a prevailing wage determination from the Department of Labor (DOL) to determine the wage which will be paid to the foreign worker. This wage is determined by DOL based upon information including specific job duties and work location as well as required prevailing wage for such work in the relevant industry.

Most important to the foreign worker paying a fair wage for their work and having the best chance to come to the US to work, reasonably adequate alternative job opportunities will be available to U.S. workers. Their wages will be raised to compete with the foreign workers proposed for work in the US. Thus, a special emphasis should be placed on ensuring that the wages that will be paid to the foreign workers proposed for work in the US will meet or exceed the prevailing wage for the positions to be filled by such workers.

In order to obtain prevailing wage determinations, an employer must simply ensure that the proper forms are completed and submitted to DOL and that all rules and regulations are followed. We recently went through the various perm stages for a leading technical company and got them results in a timely fashion. Their timely and smooth immigration processing is crucial to the Company’s expansion into the technical field to hire skilled foreign workers.

Early prevailing wage determinations for companies allow the foreign worker to more smoothly transition into the U.S. labor market.

File Labor Certification Application

The process for obtaining labor certification can be complex. Labor Certification is a process in which the Department of Labor (DOL) reviews the labor market test that was conducted for the foreign worker that is being sponsored and determines whether or not there are sufficient US workers that are able and available to perform the work of the job opportunity for which the foreign worker is being sponsored.

The process for Labor Certification begins with the completion of the labor market test and the determination of the prevailing wage for the offered job opportunity. After the labor market test and the determination of the prevailing wage have been completed, the Labor Certification application is completed on Form ETA-9089 and submitted to the DOL for processing.

We can complete the ETA-9089 and ensure that all relevant information and data regarding the job opportunity, the employer in whose business the foreign worker will be employed, and the foreign worker that is being sponsored, is accurately completed to prevent delays and denials in the processing of the application.

The DOL reviews each Labor Certification application for strict compliance with the regulations regarding labor certification before approval of the certification.

Anticipate Waiting Period for Certification

Being stuck on labor certification is unknown. However, once your employer submits the labor certification request, there is typically 22 to 24 months of waiting time for your employer. This time frame includes:

1. Prevailing wage determinations
2. The stages of employer’s recruitment
3. Processing by a DOL PERM analyst for the various perm stages

With many submissions going through the same time frame as you, it’s expected that many will go through non-audited processing while some will get chosen for an audit. U.S. Department of Labor (DOL) is currently processing the applications that were submitted in February 2025 as well as the ones submitted in April 2025 or earlier. Non-audited labor certification processing average time for currently processing cases is approximately 501 days or 16.5 months. By knowing the different stages of the process and how long each typically takes, you can ease your fears and be better prepared for the complexities of the process. We at ImmiWorx hope you find this information to be helpful in your understanding of the current labor certification processing environment. Information on labor certification processing environment has been provided by Labor Certification Department Manager, Jessica Palarca.

Prepare for Common Challenges

Even the smallest glitch in the labor certification process can lead to great frustration for employers of foreign workers and seem like an insurmountable barrier. Keeping records of correspondence, strictly adhering to the rules of the Department of Labor, and referring to them to acquire knowledge about any problems that may arise along the way, will allow you to deal with any problems and create a better future for yourself, your company and your employees.

Understand DOL Audit Process

Those fearful of a Department of Labor audit of their hiring practices only need to follow the proper steps in hiring and maintain documentation of all steps in the hiring process (job ads, resumes, interview notes, etc.) to be fully prepared for an audit of all aspects of their hiring practices. This will save so much time and reduce so much stress in the long run as opposed to waiting months for delayed processing of an application due to an audit.

Employers typically have 30 days to respond to a DOL audit notice. In states where employers utilize good hiring practices and documentation throughout the labor certification process such as North Carolina and Florida, an efficient audit can be conducted when an employer is cooperative in ensuring that their application is processed to be resolved in a timely manner. Good planning and documentation are key components to an effective labor certification audit process, notes one immigration attorney. Knowing what to expect during an audit and the process of labor certification can save an employer time and prevent delays in approval of a labor certification application.

Engage Legal Representation for Guidance

For Employers, the PERM process can be very complicated. Our experienced immigration lawyers at Vasquez Law Firm have vast knowledge on Department of Labor’s requirements for the process and can guide you step by step to make the process much easier. Having an immigration lawyer to manage the process for you will help reduce stress and hopefully prevent delays and denials. In fact, statistics show that over 95% of businesses who have had an immigration lawyer throughout the process have been approved.

Learn more about PERM approval rates in North Carolina and Florida, and how our attorneys can make your experience a good one. At Vasquez Law Firm, we are committed to servicing the Hispanic community and can speak and communicate with our clients in Spanish - no language barriers here.

Let us schedule a FREE initial consultation for you and your business today.

Maintain Compliance with Immigration Regulations

As a family proceeding through the PERM process to bring a loved one to live permanently in the U.S., the process can be very challenging. An organization proceeding through the PERM process must adhere to very strict rules for the process as well as the employer’s recruitment activities and the determination of the minimum wage requirements for the position. One error in the process can have severe consequences for families proceeding through the process with an employer who is not in compliance with the immigration regulations for employers. Immigration compliance for employers is under increasing scrutiny by the federal government and it is crucial for an organization to comply with and continuously review its measures of compliance as well as stay up to date with any changes to laws and regulations that pertain to immigration. As Myrna L. Maysonet, a partner and Chief Impact Officer, wrote in “Immigration Risk as an Enterprise Issue,” employers and sponsors should “treat immigration risk as an enterprise issue: allocate budget for compliance and fees, train HR and hiring managers consistently, maintain accurate records for EAD-dependent staff, and establish clear audit and response protocols” to help safeguard processes through audits and other events that could affect the immigration process of EAD-dependent staff and their families.

It is helpful for recently arrived immigrants to know their rights, and what to do in the event they are served with a subpoena or are the subject of an immigration enforcement action.

• ICE at your door: You have the right to remain silent and to an attorney. Don’t open your door unless ICE shows you a warrant with the judge’s signature.
• For when a subpoena is received: You exercise your right of silence and demand your right to an attorney. Refuse to answer any questions from the person issuing the subpoena until your attorney arrives.
• For urgent legal matters: Contact us 24/7 at Vasquez Law Firm for your legal questions and needs.

Track Updates on PERM Processing Times

To add a little bit about processing labor certification through the various stages of the PERM process. It has become very complex for employers, fluctuating on timing for processing through the different stages of submission. Presently processing at 501 days until the process closes for these cases. I have read that 25% of these cases get selected for audit, in addition to processing delays within the process.

Having knowledge of the process and doing as much as you can to assist both the employee and employer in the process could aid in a more efficient processing for both. Using the DOL’s FLAG portal, it will tell you dates for the prevailing wage determination as well as the dates for recording steps for the employer for solicitations for the PERM process as well as other pertinent information.

The important note to prevail is a Form ETA 9089 cannot be filed for a PERM occupation until a Prevailing Wage Determination has been issued by the DOL and all required recruitment has been completed for the position. The required recruitment for the PW Determination can then be used for the submission of the ETA 9089 for the employee.

Prepare for Potential Delays

Ever feel like you or your employee are losing sleep due to anxiety and stress of trying to obtain a certification required for your employee’s immigration application? While trying to get approval for a certification, employees and employers often hit roadblocks when dealing with labor market testing requirements as well as prevailing wage determinations. Also adding to the stress of trying to obtain a certification are the high volume of submissions to USCIS as well as the ever changing rules and guidelines of US Immigration. The Department of Labor processing times for labor certifications have increased to as much as 16 months for complete processing. And to add insult to injury during that time a case can be selected for an audit that can extend an additional 12-18 months for completion.

A good backup plan to handle the processing time of a labor certification application is key. In many cases, temporary staffing can be used until a labor certification is approved for a permanent employee. It is also wise to have a plan in place for the employees who were pending while the processing of the labor certification application was underway. In Florida and North Carolina, employers have found it wise to begin the prevailing wage determination process for affected employees well before their hiring dates in order to prevent any delays in the filing of the labor certification application.

The immigration process can be very complex and long for employers seeking to obtain certification for their employees. However, with the right immigration lawyers, the process can be facilitated. At Vasquez Law Firm, we are experienced in all phases of immigration law and can assist you in processing a labor certification application as well as processing your employees through the perm stages and I-140 process while they are in valid nonimmigrant status. We are a bilingual law firm offering legal services in English and Spanish and we implement flexible payment plans to assist our clients in paying for the various cases that we handle for them. Our goal is to assist our clients in obtaining the necessary green cards for their employees so that they can work permanently in the U.S. and improve their future.

Conclusion

For many immigrants the PERM process can be a very complicated process. Each step of the PERM process must be filled out in extreme detail and usually starts with job advertising and ends with filing of application for work visa.

There were a few key points touched upon throughout the article, including:

1. How one can ensure that they are meeting the requirements for adequate job advertising
2. The ways in which one can remain compliant with immigration regulations
3. Many more challenges that one could potentially encounter while going through the PERM process

An experienced immigration lawyer can greatly aid in the process of getting a work visa approved in a timely manner, and can guide their clients through each step of the PERM process.

If you want to know how the PERM process can affect you as you make your transition to entering the U.S. labor market, contact the bilingual immigration attorneys at Vasquez Law Firm. By hiring the best of the immigration lawyers in Houston today, you will be able to take advantage of our flexible payment options, to serve the needs of people from around the world. Whatever your language, we will be able to aid and represent you in your PERM process needs.

Frequently Asked Questions

What is the Labor Market Test?

The Labor Market Test is a process designed to assess whether there are sufficient U.S. workers available to perform a specific job for which a foreign worker is sought. It helps USCIS determine the necessity of hiring a foreign worker and can influence the approval or denial of a permanent employment application.

What steps are involved in conducting a Labor Market Test?

The steps include: 1. Job Advertising: Employers must advertise the job opportunity widely, using online job boards or print media, ensuring the advertisements clearly state the job's terms and conditions. 2. Recruitment Steps: Employers must complete a State Workforce Agency (SWA) Job Order and two Sunday Newspaper Advertisements. For professional occupations on the Schedule A List, additional steps are required. 3. Good Faith Efforts: Employers must treat all applicants equally and maintain records of job offers and recruitment efforts.

Why is it important to follow the Labor Market Test regulations?

Following the regulations is crucial to avoid processing delays and potential issues that could prevent the hiring of a needed foreign worker. A firm experienced in immigration law should review the testing procedures and advertisements to ensure compliance.

What is a Prevailing Wage Determination?

A Prevailing Wage Determination is a process where the Department of Labor (DOL) establishes the wage that will be paid to a foreign worker based on job duties, work location, and industry standards. It ensures that the wages offered meet or exceed the prevailing wage for the position.

How does obtaining a Prevailing Wage Determination benefit foreign workers?

It helps ensure that foreign workers are paid fairly and that U.S. workers have adequate job opportunities. This process can facilitate a smoother transition for foreign workers into the U.S. labor market.

What is the Labor Certification Application process?

The Labor Certification Application process involves reviewing the labor market test and the prevailing wage determination. Employers complete Form ETA-9089 and submit it to the DOL for processing, ensuring all information is accurate to prevent delays or denials.

What does the DOL review during the Labor Certification Application process?

The DOL reviews each Labor Certification application for strict compliance with regulations regarding labor certification before granting approval.

List of Sources

1. Conduct Labor Market Test
   • Navigating PERM recruitment in 2026: Best strategies and everything else employers need to know - Garfinkel Immigration Law Firm (https://garfinkelimmigration.com/2026/01/12/navigating-perm-recruitment-in-2026-best-strategies-and-everything-else-employers-needs-to-know)
   • PERM Labor Market Test: Navigating the 10 Extra Recruitment Options - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-labor-market-test-navigating-the-10-extra-recruitment-options)
   • PERM Recruitment and the Labor Market Test: How Employers Can Show Good Faith | Bernstein Shur (https://bernsteinshur.com/insights-events/perm-recruitment-and-the-labor-market-test-how-employers-can-show-good-faith)
2. Obtain Prevailing Wage Determination
   • Department of Labor Proposes Rule to Increase Wage Levels (https://mintz.com/insights-center/viewpoints/2806/2026-04-16-department-labor-proposes-rule-increase-wage-levels)
   • OFLC Releases Statistics on Prevailing Wage Determinations/Labor Certifications and an Updated H-2B Foreign Labor Recruiter List - Miller Mayer Law Firm (https://millermayer.com/oflc-releases-statistics-on-prevailing-wage-determinations-labor-certifications-and-an-updated-h-2b-foreign-labor-recruiter-list)
   • May/June 2026 DOL PERM and PWD Processing Times (https://fragomen.com/insights/united-states-mayjune-2026-dol-perm-and-pwd-processing-times.html)
   • Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained (https://globalimmigrationblog.com/2026/04/hikes-in-prevailing-wage-levels-for-h-1b-and-perm-cases-dol-proposal-explained)
   • April 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
3. File Labor Certification Application
   • DOL Resumes Processing of Temporary and Permanent Labor Certifications Despite Ongoing Federal Shutdown (https://fragomen.com/insights/united-states-dol-resumes-processing-of-temporary-and-permanent-labor-certifications-despite-ongoing-federal-shutdown.html)
   • PERM Timing Dilemma: Strategic Planning Guide 2026 (https://orangelaw.us/blogs/immigration-law/the-perm-timing-dilemma-in-2026)
   • DOL Update: PWD and PERM Processing Times, April 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/dol-update-pwd-and-perm-processing-times-april-2026)
4. Anticipate Waiting Period for Certification
   • PERM Processing Time Update 2026: Current DOL Timelines and Expectations - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-time-update-2026-current-dol-timelines-and-expectations)
   • May/June 2026 DOL PERM and PWD Processing Times (https://fragomen.com/insights/united-states-mayjune-2026-dol-perm-and-pwd-processing-times.html)
   • PERM processing time in 2026 - full timeline (https://tukki.ai/blog/perm-processing-time)
   • DOL Update: PWD and PERM Processing Times, April 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/dol-update-pwd-and-perm-processing-times-april-2026)
   • Processing Times for PERM in 2026 (https://waylit.com/resources/processing-times-for-perm-in-2026)
5. Prepare for Common Challenges
   • PERM processing times FAQ for employers (https://bal.com/perspectives/perm-processing-times-faq-for-employers)
   • April 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)
   • Navigating PERM recruitment in 2026: Best strategies and everything else employers need to know - Garfinkel Immigration Law Firm (https://garfinkelimmigration.com/2026/01/12/navigating-perm-recruitment-in-2026-best-strategies-and-everything-else-employers-needs-to-know)
   • PERM Processing Times Remain a Challenge: Strategic Planning for 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-times-remain-a-challenge-strategic-planning-for-2026)
6. Understand DOL Audit Process
   • PERM Audit Hotspots | Joseph & Hall P.C. | Denver Immigration Attorneys (https://immigrationissues.com/perm-audit-hotspots)
   • April 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • PERM Audit Triggers and Best Practices: What Employers Need to Know - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-audit-triggers-and-best-practices-what-employers-need-to-know)
   • U.S. Department of Labor to Ramp Up Audits of H-1B Employers (https://employmentlawletter.com/2025/09/u-s-department-of-labor-to-ramp-up-audits-of-h-1b-employers)
   • DOL Update: PWD and PERM Processing Times, April 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/dol-update-pwd-and-perm-processing-times-april-2026)
7. Engage Legal Representation for Guidance
   • PERM Labor - Murthy Law Firm | U.S Immigration Law (https://murthy.com/resident/employment-based/perm-labor)
   • The Three Steps of the PERM Process (https://lslawyers.com/perm.html)
   • Green Card Attorney Streamlines The PERM Labor Certification (https://abogadakate.com/blog/green-card-attorney-streamlines-the-perm-labor-certification)
   • Labor Department’s PERM Program Failing Immigrants And Employers (https://forbes.com/sites/stuartanderson/2024/04/23/labor-departments-perm-program-failing-immigrants-and-employers)
   • 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)
8. Maintain Compliance with Immigration Regulations
   • U.S. Employment and Immigration Compliance - 2026: Essential Employer Actions - Greenspoon Marder LLP (https://gmlaw.com/news/u-s-employment-and-immigration-compliance-2026-essential-employer-actions)
   • Employer Immigration Compliance In 2026: Key Guidance For HR (https://lawponce.com/employer-immigration-compliance-in-2026)
   • What Employers Need to Know About PERM Compliance | Greenspoon Marder (https://gmlaw.com/news/dont-be-the-next-cloudera-what-employers-need-to-know-about-perm-compliance-this-summer)
   • PERM Labor Certification Compliance: DOJ Enforcement Trends, Key Risks, and Employer Best Practices - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-labor-certification-compliance-doj-enforcement-trends-key-risks-and-employer-best-practices)
9. Track Updates on PERM Processing Times
   • April 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • May/June 2026 DOL PERM and PWD Processing Times (https://fragomen.com/insights/united-states-mayjune-2026-dol-perm-and-pwd-processing-times.html)
   • DOL Update: PWD and PERM Processing Times, April 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/dol-update-pwd-and-perm-processing-times-april-2026)
   • DOL Releases March 2026 PERM and Prevailing Wage Processing Times - Erickson Immigration Group (https://eiglaw.com/dol-releases-march-2026-perm-and-prevailing-wage-processing-times)
   • PERM Processing Times in 2026: Current DOL Timelines (https://manifestlaw.com/blog/perm-processing-times-for-employers-how-long-it-takes-in-2026)
10. Prepare for Potential Delays

• US: USCIS and DOL Processing Delays Impact Visa Applications (https://corporateimmigrationpartners.com/us-uscis-and-dol-processing-delays-impact-visa-applications)
• DOL Releases March 2026 PERM and Prevailing Wage Processing Times - Erickson Immigration Group (https://eiglaw.com/dol-releases-march-2026-perm-and-prevailing-wage-processing-times)
• PERM Labor Certification 2026: Delays & Key Updates (https://immigrationfleet.com/articles/perm-labor-certification-2026-processing-times-surpass-500-days-what-employers-and-green-card-applicants-must-know)
• PERM Processing Times Remain a Challenge: Strategic Planning for 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-times-remain-a-challenge-strategic-planning-for-2026)
• April 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)