How Long Does PERM Certification Take? A Step-by-Step Guide

Introduction

The PERM certification process can feel overwhelming and lengthy, often taking over a year to complete, but it’s essential for employers looking to hire foreign workers legally. Let’s break down the steps you need to take, from figuring out prevailing wages to filing the Labor Certification Application. Let’s explore how employers can simplify this process and boost their chances of success. By mastering these steps, employers can not only hire effectively but also safeguard their interests and those of their employees.

Understand the PERM Process and Its Importance

Navigating the complexities of hiring foreign workers can be daunting for organizations. The Program Electronic Review Management process is a vital stage that ensures hiring foreign workers doesn’t negatively impact job opportunities, salaries, or working conditions for U.S. workers. Understanding the labor certification process is essential. It involves several phases that can be confusing, including:

1. Recruitment
2. Determining prevailing compensation
3. Submitting the labor certification application

Each of these stages is designed to protect the U.S. labor market while facilitating the employment of qualified foreign workers. Navigating the PERM process can feel overwhelming, especially with its multiple phases. By getting to know the PERM process, you can prepare for what lies ahead and set realistic expectations.

Determine the Prevailing Wage for Your Position

Understanding how to determine fair compensation for job positions can be a daunting task for employers. Companies need to submit a request to the National Prevailing Compensation Center (NPWC) using Form ETA-9141, which requires detailed information about the job, including the title, duties, and location. The NPWC assesses the salary based on the job's requirements and local labor market conditions. Employers need to offer salaries that meet or exceed the prevailing rates to ensure fair pay for foreign workers and protect job opportunities for American workers.

The prevailing compensation determination is typically valid for a specific period, ranging from 90 days to one year, depending on the case. Navigating compensation regulations can feel overwhelming for employers, especially with constant changes in the rules. Recent updates indicate that the proposed rule will raise income percentiles across all levels by approximately 17 to 21 percentile points. For instance, the current salary percentile for Level I (Entry-level) is 17th, while the proposed is 34th; Level II (Qualified) will change from 52nd to 34th; Level III (Experienced) from 50th to 70th; and Level IV (Fully competent) from 67th to 88th. These changes mean employers need to rethink their hiring strategies to attract the right talent while staying compliant.

We recommend that employers take a look at case studies showing how prevailing compensation determinations impact foreign workers. These studies highlight how revised wage data can affect employment-based immigration procedures, especially for Permanent Labor Certification requests and Labor Condition Requests for H-1B, H-1B1, and E-3 visa categories. Additionally, the public comment period for the proposed rule concludes on May 26, 2026, providing an opportunity for employers to engage with the regulatory process. Staying informed about these changes is crucial for employers who want to protect their workforce and ensure compliance with labor laws.

Conduct Recruitment to Attract Qualified Candidates

Navigating the labor certification process can feel daunting, especially with so many requirements to meet. Employers need to start their recruitment activities at least 30 days, but no more than 180 days, before submitting their labor certification. This includes:

1. Placing a 30-day job order with the State Workforce Agency
2. Running two Sunday newspaper ads
3. Job postings in various media like online job boards and state workforce agencies

Have you taken the time to review your applicants thoroughly? It’s essential for meeting good faith recruitment practices. Remember, keeping careful records of all your recruitment efforts is crucial, as the Department of Labor (DOL) may ask for this information during their review. By showing that you’ve made sincere attempts to find qualified U.S. workers, you significantly increase your chances of a successful request.

As of June 24, 2026, the average processing time for labor certification applications raises the question of how long does perm certification take, which is about 387 days, but this can vary based on when you submit and your company name. It’s important to align your recruitment strategies with standard hiring practices to avoid triggering audits. Potential triggers for DOL audits can include:

1. Ownership interest in the sponsoring company
2. Close family relationships

Consistency in job advertising, applicant evaluation, and interview processes serves as strong evidence of good faith, making it easier to defend against scrutiny from the DOL and the Department of Justice.

Think of your recruitment efforts as part of a bigger talent acquisition strategy, not just a box to check off for compliance. By actively engaging with experienced immigration counsel and regularly revisiting your recruitment strategies, you can navigate the complexities of the PERM process more effectively. By staying proactive and informed, you can protect your organization and ensure a smoother path to certification.

File the Labor Certification Application with DOL

Filing the Labor Certification Application can feel daunting, especially after navigating recruitment and wage determinations. Accuracy is crucial - imagine waiting for months only to face setbacks due to small mistakes. Once you submit the Labor Certification Application (Form ETA-9089) through the Foreign Labor Application Gateway (FLAG) system, keep an eye on its status. The DOL's processing time can stretch out, meaning you need to be prepared for a long wait and potential hurdles along the way. Staying proactive and prepared can make all the difference in ensuring your application moves forward smoothly. Work closely with your immigration counsel to navigate the H-2A and H-2B labor certification requests, and be ready for some bumps along the way as the FLAG system gets back on track.

Understand Possible Outcomes: Approval or Denial

Navigating the Labor Certification Application can be daunting, especially when faced with the possibility of denial. Once you submit your Labor Certification Application, you’ll hear back from the Department of Labor (DOL) about whether it’s approved or denied. In 2024, over 95% of well-prepared PERM requests were approved, showing that getting it right matters. If your request gets the green light, you can move forward with filing an immigrant petition (Form I-140) for your worker.

But if it’s denied, don’t panic-you have a crucial 30 days to contest the decision or seek reconsideration. Take a close look at the denial reasons; they’ll help you figure out your next steps. Common reasons for denials often include:

• Missing documents
• Not meeting recruitment standards

You might choose to refile with the right info or extra documents, which can be a faster fix if there were correctable issues in the original application. And don’t forget to keep your foreign employees’ work authorization active during this process to avoid any hiccups. Knowing what to expect helps both employers and foreign workers tackle the immigration process with confidence, making informed choices based on their unique situations.

Jessica Palarca, an Associate Attorney in the PERM Labor Certification Department, emphasizes that working with experienced immigration counsel can boost your chances of success in these challenges.

Conclusion

Are you feeling overwhelmed by the PERM certification process? You’re not alone - many employers face this challenge while trying to hire foreign workers legally. This guide walks you through the critical steps, from understanding recruitment requirements to filing your Labor Certification Application. Every step you take helps protect the U.S. labor market and ensures fair compensation for all workers involved.

You’ll want to stay proactive - keeping detailed records and working with experienced immigration counsel can really boost your chances of success. It can feel overwhelming to navigate the lengthy PERM certification process, but you don’t have to do it alone. This process is your chance to not only comply with the law but also to bring in the talent that can drive your organization forward.

By following best practices and staying vigilant, you can navigate the complexities of hiring foreign workers with confidence. Remember, every step you take not only strengthens your organization but also supports a fair labor market for everyone involved.

Frequently Asked Questions

What is the PERM process and why is it important?

The PERM (Program Electronic Review Management) process is essential for hiring foreign workers, ensuring that such hiring does not negatively impact job opportunities, salaries, or working conditions for U.S. workers. It involves several phases, including recruitment, determining prevailing compensation, and submitting the labor certification application.

What are the main phases of the PERM process?

The main phases of the PERM process include recruitment, determining the prevailing compensation for the job position, and submitting the labor certification application.

How do employers determine the prevailing wage for a position?

Employers determine the prevailing wage by submitting a request to the National Prevailing Wage Center (NPWC) using Form ETA-9141, which requires detailed information about the job, including its title, duties, and location. The NPWC assesses the salary based on the job's requirements and local labor market conditions.

How long is the prevailing compensation determination valid?

The prevailing compensation determination is typically valid for a specific period ranging from 90 days to one year, depending on the case.

What recent changes have been proposed regarding prevailing wage percentiles?

Recent updates propose raising income percentiles across all levels by approximately 17 to 21 percentile points. For example, the proposed salary percentile for Level I (Entry-level) will increase from the 17th to the 34th percentile, and Level IV (Fully competent) will change from the 67th to the 88th percentile.

Why is it important for employers to stay informed about changes in compensation regulations?

Staying informed about changes in compensation regulations is crucial for employers to protect their workforce, ensure compliance with labor laws, and adapt their hiring strategies to attract the right talent while meeting prevailing wage requirements.

What opportunity do employers have to engage with the regulatory process regarding the proposed rule?

Employers have the opportunity to engage with the regulatory process during the public comment period for the proposed rule, which concludes on May 26, 2026.

List of Sources

1. Understand the PERM Process and Its Importance
   • DOL Signals Major Modernization of PERM Program Through New Proposed Rulemaking - Murthy Law Firm | U.S Immigration Law (https://murthy.com/2026/07/15/dol-signals-major-modernization-of-perm-program-through-new-proposed-rulemaking)
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
   • Chugh, LLP - Attorneys & CPAs (https://chugh.com/news/dol-signals-plans-to-modernize-the-perm-labor-certification-program-key-takeaways-for-employers)
   • 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)
2. Determine the Prevailing Wage for Your Position
   • Prevailing Wage Data Announced for 2026-27 Fiscal Year - International Legal and Business Services Group (https://bizlegalservices.com/2026/07/08/prevailing-wage-data-announced-for-2026-27-fiscal-year)
   • DOL proposed prevailing wage rule: How employers can prepare for the impact (https://bal.com/perspectives/dol-proposed-prevailing-wage-rule-how-employers-can-prepare-for-the-impact)
   • US Department of Labor issues proposed rule revising prevailing wage methodology for H-1B, PERM visa programs (https://dol.gov/newsroom/releases/eta/eta20260326-0)
   • Department of Labor’s Proposed Rule to Increase Wage Levels for Immigration Sponsorship | News & Events | Clark Hill PLC (https://clarkhill.com/news-events/news/department-of-labors-proposed-rule-to-increase-wage-levels-for-immigration-sponsorship)
3. Conduct Recruitment to Attract Qualified Candidates
   • 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)
   • Employer Recruitment Requirements Under PERM (https://nolo.com/legal-encyclopedia/employer-recruitment-requirements-under-perm.html)
   • 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)
   • 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)
   • PERM Tracker & Timeline Analytics | Processing Time Predictions (https://permupdate.com)
4. File the Labor Certification Application with DOL
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
   • 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)
   • Current DOL PERM Processing Times, Check Status [2026] (https://h1bgrader.com/green-card/perm-processing-time)
   • Announcements (https://dol.gov/agencies/eta/foreign-labor/news)
5. Understand Possible Outcomes: Approval or Denial
   • PERM Denied: Options and Deadlines Explained (https://goelite.com/blogs/perm-denied-your-options-and-key-deadlines-explained?hs_amp=true)
   • After Denial of PERM: Reconsideration, Appeal, or Re-File? - Murthy Law Firm | U.S Immigration Law (https://murthy.com/2016/07/21/after-denial-of-perm-reconsideration-appeal-or-re-file)
   • My PERM Was Denied. What Are My Options? - Reddy Neumann Brown PC (https://rnlawgroup.com/my-perm-was-denied-what-are-my-options)
   • What to Do If Your PERM Application Is Denied (https://boundless.com/blog/what-to-do-perm-application-denied)
   • 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)