Master the PERM Application Process: A Step-by-Step Guide for Immigrants

Introduction

Getting stuck in the PERM application process is a problem that many immigrants face when trying to get a permanent residency in the U.S. through work. An immigrant worker and his or her employer both have to fulfill several requirements before a PERM application can be processed. This in-depth step-by-step guide to the PERM process helps the employer of a potential permanent resident to better understand the application process and to explain several of the biggest problems that occur during the application process and how these problems can be solved. Many immigrant workers are also worried about delays and about an audit being performed on their application. Such an audit can result in a denial of the application and thus in a failure to get a permanent residency in the U.S. through work.

Define the PERM Process and Its Importance for Immigrants

Challenges Faced by Foreign Workers and Their Families in Applying for Permanent Residency. The process of applying for Permanent Residency (Green Card) for foreign workers and their families can be challenging. It is equally challenging for the foreign worker’s employer to comply with the regulations and to submit a labor certification application for the foreign worker’s permanent residency through the Department of Labor’s Electronic Review Management system (ERM) for the Perm application.

Applying for Permanent Residency for foreign workers can take as long as 24-30 months to process for the Perm application and go through several steps for approval. These steps include:

1. DOL determining the prevailing wage for the foreign worker’s job in the labor market where the foreign worker will be working.
2. DOL approval of the employer’s job recruitment for the foreign worker’s job to determine if any qualified U.S. workers are interested in applying for the job.
3. The employer’s filing of the foreign worker’s Perm application with the DOL for processing and review by DOL.
4. Processing by DOL of the labor certification application for the foreign worker’s Perm application.

Currently, the DOL is taking over 500 days to make a decision on a labor certification application. Therefore, it is extremely important for the foreign worker’s employer to start the Perm application process early - ideally in the third year of the foreign worker’s H-1B status.

Importantly, the job opportunity for which the foreign worker is applying for a Green Card must be a real job opportunity. Also, the foreign worker must be the best candidate for the job. Importantly, the job requirements and the alternative experience required for the job must be accurately set forth in the job description for the foreign worker’s job to be approved by DOL for the labor certification application process for foreign workers and to be able to withstand any audits that may be conducted by DOL on the labor certification application.

The purpose of the process is to determine if there are adequate job opportunities for the foreign workers seeking to obtain a Green Card through the labor certification process for permanent residency.

At Vasquez Law Firm, we are committed to serving all of our clients including foreign workers and their families with affordable payment plans and personal injury services on a no-win, no-fee basis. Thus, clients will not have to pay for any of the legal services that the Firm provides to the client unless the Firm is able to obtain a successful settlement or judgment in the client’s case. In addition, each of our clients will have ready access to all of the experienced attorneys at Vasquez Law Firm who can assist the client with all aspects of the Perm application process.

Outline Employer Requirements in the PERM Application

Even though employment based permanent (perm) applications for foreign nationals are difficult and complicated for employees to go through when trying to plan for future work in the U.S. in order to obtain a green card and future work authorization in the U.S. through use of the U.S. labor market, there are some basic requirements that must be met by employees and employers prior to starting a perm application through U.S. work. These requirements are in place to ensure that employers who are using permanent foreign labor are doing so legally.

The first requirement for a perm application is that the employer must have a valid and active employer status in the U.S. This means that the employer could be a U.S. corporation, a U.S. subsidiary, or other U.S. business entity with a valid Federal Employer Identification Number (FEIN).

The second requirement for a perm application is that the employer must have a firm, full time job offer for the foreign employee. This requires that the employer obtain a prior prevailing wage determination from the U.S. Department of Labor for the position of the foreign employee offered work. This allows comparison of the wage being offered by the employer to the so-called “prevailing wage” or average wage paid to workers performing similar work in the same locale by other employees.

In addition to the criteria to begin a perm application, employers must also be able to satisfy the Department of Labor that they have conducted adequate recruitment and have been unable to find any qualified U.S. workers for the position of offered foreign employee. Employers must also keep records relating to the process of their recruitment as well as a detailed explanation of why they selected the foreign worker offered the job over a U.S. worker equally qualified for the position. This knowledge will allow you to know what kind of employer will be able to and actually will support your efforts for a green card via the employer sponsored permanent labor certification process.

Navigate the Step-by-Step Stages of the PERM Application

When foreign workers are applying for a permanent resident green card, the perm application process for a foreign worker follows the following general steps and details.

1. Job Description and Requirements: A clear job description and requirements for the job being advertised by the employer.
2. Prevailing Wage Determination: While waiting for approval of the job advertisement by the employer, the employer will request the prevailing wage determination (PWD) for the foreign worker from the Department of Labor (DOL). The prevailing wage determination process typically takes anywhere from 3 months up to 6 months. The clearer the job description in the job advertisement the easier it will be for the employer to comply with the regulations of the recruitment process as well as the application process of the foreign worker.
3. Recruitment Process: A summary of steps taken by Employer during the PERM External Job Advertisements Process (Posting) stage as it relates to assessing the US labor market. Please see “posting diagram” on our website Home page as to sequence and required information to be listed, or Employers go through internal advertising to qualified US workers as well. Also please see Employer Recruitment activities of acceptable documentation requirement needed as proof of Advertisement’s conducted as set forth by Department of Labor ETA-9141 Rules guidelines and US Labor Market Criteria which process can last 60-180 days in determining sufficiency to demonstrate labor needs for the PERM advertised job.

Below is a more detailed step by step overview of steps an employer goes through in processing a perm application and how a foreign worker’s application fits into that process. Note that most of an employer’s time is spent in steps 1-4, after that a foreign worker’s application would typically commence the process outlined below after their employer has completed the recruitment process for the job in question and filled out the ETA Form 9089 detailing the specifics of the job offered by the employer as well as a detailed account of the labor recruitment attempts conducted by the employer to fill the job with a qualified US worker.

4. DOL Review: The DOL reviews the submitted information and processes the request in an average timeframe of 12 to 18 months. During this process, the DOL may approve the employer’s request, request additional documentation or even schedule an audit to monitor and verify the labor recruitment activities conducted by the employer. This additional process typically requires an extra 3 to 6 months.
5. I-140 Immigrant Petition: After PERM request has been approved by the DOL, employer files I-140 Immigrant Petition with USCIS on behalf of foreign worker who applied for the job through employer. I-140 Immigrant Petition confirms foreign worker’s eligibility to apply for immigrant visa and to proceed with application for green card, i.e. for permanent resident card. As part of application for Immigrant visa, foreign worker’s priority date is confirmed by immigrant petition and this date is placed in a queue for processing of immigrant visa applications by relevant U.S. Consulate outside of U.S. or by U.S. Department of State or application for Adjustment of Status (immigrant’s permanent resident card) by foreign worker who is already in U.S. (see Step 7 below).
6. Adjustment of Status or Consular Processing: As mentioned above in Immigrant applications, foreign workers and their family members go through the process of Adjustment of Status if already in U.S. or Consular Processing if outside of the U.S. To reach the final stage of process for foreign worker seeking to become a permanent resident of U.S. it is very important for the worker and his/her family members to take all the steps very seriously. By following all the process and doing everything required for each step, foreign workers can ensure that their perm application is processed successfully so that they can live and work in U.S. permanently.

By following each step of the permanent resident application process you will be able to process your application for becoming a permanent resident of the U.S. in the best manner possible and reach your goal of becoming a U.S. permanent resident.

Identify Common Challenges in the PERM Process

A look at the normal problems experienced by companies and foreign workers during a perm application for a green card.

1. Delays in Prevailing Wage Determination: If too much time has passed and a wage determination by the Department of Labor (DOL) for a labor certification application has not been received in time, the application will expire. It can take over a year for a prevailing wage determination (PWD) for a prevailing wage requirements for the area where the job will be located to be issued by the Department of Labor. Currently the average processing time for prevailing wage determinations (PWDs) is 501 calendar days and may take longer. Also, processing of PWDs may be impacted by a government shutdown.
2. Recruitment Challenges: There are many reasons why an employer might find it difficult to find qualified U.S. workers to fill a job. This can be a problem for both the employer and the immigrant worker as the employer must show that no qualified U.S. workers are accessible for the job in question in order to continue the labor certification process and be in compliance with the regulations of U.S. immigration law for employment-based immigration applications.
3. Audits and Requests for Evidence: Sometimes, as many as 25% of the employment-based petitions filed by DOL will be selected for an audit. These audits can result in additional requests for evidence required by DOL to complete the processing of a labor certification application in progress.
4. Changes in the Job Description or Required Duties after the Required Recruitment Activities for a Job Opportunity have been completed by the Employer: After the required number of recruitment activities have been conducted by an employer for a job opportunity, any changes made by the employer to either the job opportunity’s job description or the required duties of the job for which labor certification is being applied for could cause serious problems with processing the labor certification application by the DOL as well as with the pending application should it be subject to an audit by the DOL. It is especially important that the substantive requirements of the job opportunity be consistent with the required duties of the corresponding job for which labor certification is being applied for by the employer.
5. Denials and Appeals: After an employer’s labor certification application has been denied by the DOL, the employer and foreign worker generally have few options. First, the employer can submit a Request for Reconsideration or a Request for Review of the denied labor certification application. The process for a Request for Reconsideration or a Request for Review can be long and be very complex, but generally is the best route for an employer and foreign worker with a pending perm application who have had a labor certification application denied by the DOL for a green card application.

Being aware of these common problems with perm labor applications can better prepare you for dealing with many issues that arise during your search for immigration assistance with labor certification applications. For example, the recent Congress-induced government shutdown caused by legislative stalemate stopped DOL from issuing prevailing wage determinations for newly applied for Labor Certification applications, immediately putting thousands of foreign workers and their U.S. employers using permanent employment-based immigration applications (Perm Applications) in a status of backlog. Those who had properly and comprehensively identified the requirements of their current employees for their work, kept all relevant documentation up to date would likely to deal with this unforeseen situation the best, by having an experienced immigration attorney on their side.

Conclusion

As foreign workers and their employers go through the PERM application process, many have found it difficult and confusing as they are not sure what steps they need to take to complete the process and how long it will take. In order to clear up any confusion regarding the process for PERM applications for foreign workers and their employers, we will detail the requirements for employers and list out the many steps involved with the PERM application process.

As you read on we will outline the requirements for the employer through the entire PERM process. We will lay out the key steps to go through to complete a PERM application and outline the potential problems that there are in the Department of Labor rules that affect foreign workers and their employers by stresses put on them through the various stages of the PERM process. We will also detail the importance of accurate job advertisements and recruitment efforts in order to ensure the approval of any PERM application.

In summary, although the PERM process is a rather complex process, by knowing the procedures, foreign workers and their employers with pending PERM applications will find the process much easier to manage. At the leading Immigration Law Firm processing Green Card Applications, we have bilingual staff, flexible payment plans, and most importantly, experienced lawyers to assist the clients throughout the process until the foreign workers achieve their goal of gaining the Permanent Residency in the USA to build their future together with their loved ones.

Frequently Asked Questions

What is the PERM process?

The PERM process is a labor certification application that foreign workers and their employers must complete to apply for Permanent Residency (Green Card) in the United States. It involves several steps, including determining the prevailing wage, job recruitment approval, and filing the application with the Department of Labor (DOL).

Why is the PERM process important for immigrants?

The PERM process is crucial for immigrants as it establishes their eligibility for a Green Card by ensuring that there are no qualified U.S. workers available for the job they are applying for. It also verifies that the job opportunity is legitimate and that the foreign worker is the best candidate for the position.

How long does the PERM application process take?

The PERM application process can take as long as 24-30 months to complete, with the DOL currently taking over 500 days to make a decision on a labor certification application.

What are the key steps involved in the PERM application process?

The key steps include: 1. DOL determining the prevailing wage for the job. 2. DOL approving the employer's job recruitment efforts. 3. The employer filing the PERM application with the DOL. 4. DOL processing the labor certification application.

When should employers start the PERM application process?

Employers should ideally start the PERM application process early, preferably in the third year of the foreign worker's H-1B status, to ensure timely processing.

What must be included in the job description for the PERM application?

The job description must accurately outline the job requirements and alternative experience needed for the position to ensure approval by the DOL and withstand any audits.

What services does Vasquez Law Firm offer for the PERM application process?

Vasquez Law Firm offers affordable payment plans and provides personal injury services on a no-win, no-fee basis. Clients have access to experienced attorneys who can assist with all aspects of the PERM application process.

List of Sources

1. Define the PERM Process and Its Importance for Immigrants
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   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • How Long Does PERM Take In 2026? | MD Guide (https://zenithlawfirmmd.com/blog/2026/april/how-long-does-perm-take)
   • 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)
2. Outline Employer Requirements in the PERM 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)
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   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • 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)
3. Navigate the Step-by-Step Stages of the PERM Application
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • PERM Tracker & Timeline Analytics | Processing Time Predictions (https://permupdate.com)
   • PERM Timing Dilemma: Strategic Planning Guide 2026 (https://orangelaw.us/blogs/immigration-law/the-perm-timing-dilemma-in-2026)
   • 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)
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4. Identify Common Challenges in the PERM Process
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