Master the Steps in PERM Process for Employment-Based Green Cards

Introduction

In addition to explaining the PERM process in detail, this guide can help you reach your goals to achieve permanent residency in the U.S. in a straightforward manner. We outline the crucial steps.

After outlining the prevailing wage determination(s) for you where appropriate, we explain how to process and submit applications required to support permanent residency in the U.S.

We explain what to do when problems occur in each of the steps.

Understand the PERM Process Overview

The foreign workers from all over the world can enter the U.S. employment-based residency through the PERM process for Green Card. In this article, the foreign workers can enter the U.S. employment-based residency through the required steps in the PERM process for foreign workers for entering U.S. residency through the employment-based residency for Green Card offered by the employers of foreign workers, in order to employ foreign workers in jobs of foreign workers of U.S. employers in U.S. as foreign employees offered by U.S. employers of foreign workers in U.S. and the required steps in the PERM process that employers of foreign workers must take to enter U.S. residency for foreign workers of U.S. employers through employment-based residency for Green Card offered by U.S. employers of foreign workers.

1. Prevailing Wage Determination: First, the employer must request the Department of Labor (DOL) to issue a prevailing wage determination for the foreign worker’s job in the area where the U.S. employer (or spouse) is located. This wage will be the minimum wage for the job at issue.
2. Recruitment of U.S. workers: The foreign workers can enter the employment-based residency process when, during the required recruitment by the employers of the foreign workers’ jobs, U.S. workers are not found that could be offered this employment instead.
3. Submit the PERM Application (DOL Form ETA 9089): Foreign employees of U.S. employers (with the consent of such U.S. employer(s) or spouses of such U.S. employer(s)) can become PERM applicants and receive Green Cards through the employment-based residency process. PERM applicants are those who have gone through the required steps in the PERM process and have had their appropriate applications approved by the DOL.
4. Waiting for Certification: Once all necessary forms have been submitted with the DOL, they review your application for employment and respond by approving or denying your application for foreign employment-based residency.

The process to bring foreign workers to the U.S. to live permanently through employment-based residency can be long and complicated. Here we have outlined the necessary steps for the foreign worker to become a PERM applicant and then be issued a Green Card through employment in the process of obtaining a Green Card through employment.

Determine Eligibility for PERM Certification

Do you need help with the PERM process for labor certification for foreign workers? The PERM process for labor certification for foreign workers is very complicated. When starting the PERM process for labor certification for foreign workers, the foreign employee and the employer both have to meet certain requirements for eligibility for the PERM process for labor certification for foreign workers.

1. Requirement on Employer: Employer must be a U.S. Employer (as defined in Section 101(7) of the Immigration and Nationality Act (INA)). Employer must have a Federal Employer Identification Number (FEIN) issued by the Internal Revenue Service (the “IRS”) and must have the ability to pay the wage of the offered job to foreign employees, who are offered and will be employed by the U.S. Employer in the offered job.
2. Job Offer Requirements: It is necessary for the foreign employee to have a full-time, permanent job that is considered to be a bona fide job offer by the Department of Labor (DOL). Therefore, positions such as those that are typically described as temporary/seasonal, or even part-time positions would not be considered to be a position that would meet the necessary requirements to allow for foreign employees in the appropriate category of immigrant to receive approval in the PERM process for foreign workers, through the typical applications for employment-based immigration.
3. Foreign Employee Qualifications: Foreign employee must meet minimum qualifications for the offered job (e.g., amount of education, work experience required for the job for which the foreign employee is to be offered and will work for the U.S. Employer offering him/her that job).
4. Wage Compliance: The wage for the job offer for the foreign employees have to comply with the Wage Requirements for the offered job, which are fixed by the Department of Labor (DOL) based on the Prevailing Wage for the offered job of the same occupation within industry in the locality of the job offer for the foreign employees that are offered by their U.S. employers.

The additional requirements for the foreign employees and their sponsoring U.S. employers proposed by DOL to be raised substantially to increase the wage required to be offered to and paid to foreign employees would raise very substantial costs for years to come to foreign employees of U.S. employers who are now sponsoring their employment for foreign employees with foreign work experience to fill certified vacant jobs at required wages to be paid to foreign employees in their future residence in the U.S. When and if approved by Congress, such additional increased costs required to be offered to and paid to foreign employees who are sponsored for permanent residency by their U.S. employers will have to be charged by the sponsoring U.S. employer(s) for filing a single PERM application for their future residence in the U.S. and for their future naturalization as U.S. citizens.

Before you start going through the applications for foreign workers in the typical applications in the process for approval of foreign worker, you must verify that both the employer(s) and the foreign employee(s) qualify under the established eligibility requirements for verification of eligibility requirements for both employer(s) and foreign employee(s). In going through each of the steps in the PERM process for labor certification for foreign workers, the foreign employee and the employer(s) must go through all of the required steps and meet the established eligibility requirements for foreign workers in the PERM process. If careful preparation of required documentation and forms for filing applications for employment-based immigration is completed for foreign workers, typical problems that are encountered in the typical applications in the process can be avoided, as the process for labor certification for foreign workers is successfully completed. So, by carefully studying the DOL proposed new rules on foreign workers that would apply if recently proposed changes to the wage requirements for Permanent Residency of immigrants are finally adopted by the DOL (or by statute by Congress), foreign employees and their U.S. employers can review the reasons why the Department of Labor proposed new requirements for foreign workers in order to get the foreign employees that their U.S. employers need to compete for certified, i.e. already vacant, jobs at required wage. Such changes in wage requirements would raise substantially the costs for the foreign employees that their U.S. employers will need to pay even if the proposed increases in wage requirements are not finally adopted by the DOL (or by statute by Congress). In any case, verification of eligibility for both employer(s) and foreign employee(s) before starting the process of applying for foreign workers will serve to allow successful completion of the process for certification and approval of foreign workers in the typical applications in the process.

Follow the Step-by-Step PERM Process

Go through the PERM process steps, one by one! Although they seem too complicated to go through step by step, they actually are. The first step in the PERM process is to obtain a Department of Labor (DOL) prevailing wage determination for your job, using the Form ETA-9141. This step of the process can take 6 to 10 months.

Although for your job, with the prevailing wage in-hand, we will soon proceed with launching the job advertisements for your job posting, note that such job advertisements shall be posted, including internal postings of job, in at least 2 Sunday Editions of general circulation newspapers, e.g. USA Today, and on appropriate Internet job posting sites as well. Also, remember that such advertisements must clearly reflect all duties and responsibilities of job of foreign worker as it is performed at work place of employer, and that all applications must be retained on file by employer. Minimum period of time for recruitment of eligible U.S. workers is 30 days.

It is very important to record each and every action taken throughout the recruitment process. These include for example the number of applications and resumes received for consideration, the reasons for any applications being rejected for example, and finally any notes from interviews held with potential applicants. These will form part of your overall application and also aid in preparing for any DOL audits. As an example, the DOL reviews around 25% of all labor certification cases on an annual basis, and we have previously highlighted that cases that are audited can take in excess of 500 days to close on average.

The last step to apply for a PERM labor certification for foreign workers in U.S. jobs is to file the ETA Form 9089 application with the DOL after the recruitment process has been completed and no qualified U.S. workers have applied for the job. The process of applying for a labor certification in the PERM system can take many months, as the DOL reviews each application individually.

We will be by your side during the waiting period for approval of your labor certification application. Once your labor certification application is approved, you will be able to apply for permanent residency for foreign workers on your staff within 180 days of approval of their labor certification application.

Overcome Common Challenges in the PERM Process

I recently answered a question that went into detail on the steps of the PERM process. Unfortunately, in answering that question, I got to outline the common problems that others have encountered in trying to go through the same processes that are listed in the steps of the PERM process.

1. Delays in Prevailing Wage Determination: While the DOL reports that the processing times for PWDs are about 6 months, in reality most PWDs are issued within 3 months. Therefore, submitting the request for Prevailing Wage Determination as early as possible and following up with the DOL within a few weeks is crucial.
2. Recruitment Challenges: The recruitment of qualified U.S. workers can at times appear to be an insurmountable task for the employer. An efficient and effective job advertisement, i.e. an efficient job description, is crucial. The time frame of 60 days minimum but 180 days maximum has to be managed effectively.
3. Inconsistent Documentation: Whenever reviewing an application for certification, it is very common to encounter discrepancies or even inconsistencies with regards to a job description, required qualifications of applicants as well as with regards to the documentation of adequate recruitment efforts by the employer. Such inconsistencies or even discrepancies in the required documentation may even prompt an audit. Such an audit occurs in approximately 25% of all labor certification cases. Thus, keeping the required detailed documentation of all steps, forms, etc. would definitely help any employer to detect and possibly even to solve any problems, complications or even audit that may occur during the certification process of foreign employees.
4. Audit Triggers: What makes your Labor Certification vulnerable to an audit? Find out in this article what makes your Labor Certification vulnerable to an audit. Make sure that the job requirements set for your vacancy are sufficient and do not put too much restrictions on who can apply for the job.
5. Time Management: In general, the whole process of labor certification for foreign employees on permanent employment takes 2 to 3 years. The time frame of the required 60 days minimum but 180 days maximum period of required recruitment of qualified U.S. workers as well as the processing (reviewing) time frame of 16-17 months by the Department of Labor (DOL) in total for approval of labor certification for foreign employees on permanent employment usually takes 403 calendar days in total. Therefore, foreign employees on permanent employment, who are in their employee’s 3rd year of H-1B status, should start early with the labor certification process and monitor all important dates and deadlines for submission of required documents, etc.

Understanding the problems and overcoming them with confidence along the way will ensure that you can handle the challenges of the certification process of foreign employees without any problems or anxieties.

Conclusion

For foreign workers that are trying to get Permanent Resident status in the US so they can live and work there as foreign workers, the process of the foreign worker’s employer applying for a Green Card through Labor Certification, also referred to as PERM, can be very difficult. There are many steps to apply for labor certification through PERM for the foreign worker and his employer, and both must go through all of the steps to ensure both the foreign worker and his employer are complying with the laws of the US in order to increase the chances of approval of the application for labor certification through PERM.

In summary, there are several items of documentation that a foreign worker will need to successfully go through the Labor Certification application process. Planning and completing the required steps of the recruitment process will also be essential for the employer of the foreign worker to help his foreign worker obtain a Green Card, which can take from a few years to several years to be granted.

The permanent residence or “Green Card” through Labor Certification, also referred to as PERM process is part of the process that Foreign Workers go through in an attempt to gain Permanent Residence to reside and work in the US as foreign workers. The process of applying for labor certification through PERM for the foreign worker is arduous and requires the understanding of the numerous steps to apply for labor certification as outlined by US Law. By going through each step and fulfilling each obligation within the application of the foreign worker for labor certification through the PERM process, the foreign worker will increase his or her chances of being approved for a Green Card. Many foreign workers depend on their foreign employer for assistance and support during the Permanent Residence application process through labor certification through the PERM process.

At Vasquez Law Firm, we have a deep understanding of the complexities of the immigration laws of the US. Here at Vasquez Law Firm, we are here to assist both, the foreign worker as well as their foreign employer. We are available 24/7 to deal with any urgent matters and will provide our clients with the highest level of client service. Take the first step today to apply for and obtain your very own Green Card. We can help.

Frequently Asked Questions

What is the PERM process?

The PERM process is a method for foreign workers to enter the U.S. employment-based residency system to obtain a Green Card through employment offered by U.S. employers.

What is the first step in the PERM process?

The first step is for the employer to request a prevailing wage determination from the Department of Labor (DOL) for the foreign worker’s job in the area where the employer is located. This wage will be the minimum wage for the job.

How do employers recruit U.S. workers in the PERM process?

Employers must conduct recruitment efforts to find U.S. workers for the job. The foreign worker can proceed with the PERM process only if no qualified U.S. workers are found during this recruitment.

What is the next step after recruitment in the PERM process?

After recruitment, the employer must submit the PERM application using DOL Form ETA 9089. This application is submitted with the consent of the foreign worker and the U.S. employer.

What happens after the PERM application is submitted?

Once the application is submitted, the DOL reviews it and will either approve or deny the application for foreign employment-based residency.

How long does the PERM process take?

The PERM process can be long and complicated, with varying timelines depending on individual circumstances and the DOL's processing times.

Who can become a PERM applicant?

Foreign employees of U.S. employers, with the consent of their employers, can become PERM applicants and receive Green Cards through the employment-based residency process.

What is the ultimate goal of the PERM process?

The ultimate goal of the PERM process is for foreign workers to obtain a Green Card and live permanently in the U.S. through employment.

List of Sources

1. Understand the PERM Process Overview
   • Employment-Based Visa Statistics and Trends 2026 | Alma (https://tryalma.com/learn/employment-based-visa-statistics)
   • 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)
   • United States: June 2026 DOL PERM and PWD Processing Times (https://fragomen.com/insights/united-states-june-2026-dol-perm-and-pwd-processing-times.html)
   • 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)
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
2. Determine Eligibility for PERM Certification
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
   • 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)
   • Immigration Agencies Unveil Regulatory Agendas for the Coming Months (https://fragomen.com/insights/united-states-immigration-agencies-unveil-regulatory-agendas-for-the-coming-months.html)
   • DOL Proposes Major Wage Increases for H-1B and PERM Sponsorship (https://murrayosorio.com/news/2026/march/dol-proposes-major-wage-increases-for-h-1b-and-p)
   • New DOL Wage Rules: What Every PERM Employer Needs to Know in 2026 - Badmus & Associates (https://badmuslaw.com/blog/new-dol-wage-rules-what-every-perm-employer-needs-to-know-in-2026)
3. Follow the Step-by-Step PERM Process
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • DOL Proposed Rule Revises Prevailing Wage Methodology for H-1B, PERM Visa Programs (https://ahcancal.org/News-and-Communications/Blog/Pages/DOL-Proposed-Rule-Revises-Prevailing-Wage-Methodology-for-H-1B,-PERM-Visa-Programs.aspx)
   • 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)
   • How Long Does PERM Take In 2026? | MD Guide (https://zenithlawfirmmd.com/blog/2026/april/how-long-does-perm-take)
   • 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)
4. Overcome Common Challenges in the PERM Process
   • 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)
   • 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)