Mastering Certificacion Laboral PERM: A Step-by-Step Guide for Immigrants

Introduction

Foreign workers moving to the United States and seeking permanent residency can expect to go through the PERM Labor Certification process for their foreign employer as part of their employment in the country. Foreign workers should:

1. Acquaint themselves with the principal rules and requirements of the Department of Labor governing the process.
2. Find out about typical problems in the process.
3. Learn ways to overcome these problems with the assistance of an experienced qualified immigration lawyer in order to realize their objectives.

Define PERM Labor Certification and Its Importance for Immigrants

Labor certification for immigration for employment-based cases (i.e. immigrant visas) for foreign workers involves important requirements of the Department of Labor (DOL). These are typically referred to as the “PERM requirements” for Labor Certification by way of the immigrant visa process (for employment-based cases) for the foreign workers. Indeed, the first step for most foreign workers of any nationality for US immigration (the employment-based cases of immigrant workers) for the various types of employment-based cases of immigrant workers for permanent residency and for some of the temporary work includes the Department of Labor’s labor certification process, specifically for employers of these foreign workers.

Therefore, it is important to know, for both the foreign workers of all nationalities, the employers of these foreign workers for employment in the US, and for all US citizens and permanent residents of all nationalities, for a better understanding of job search for both foreign and US workers (for job openings), and of the beginning of a new life in the US for the immigrants, of the immigrants’ journey to US immigration in general, is the information about the various labor certification requirements (for “PERM” - the immigrant workers, the labor certification process for the immigrants for the employment of the foreign workers by US citizen employers, in general).

This process of Prevailing Wage Determination (PWD) can take 6-8 months to process, during which time the employer is conducting the required recruitment (which can last 60-180 days) to prove that there are no qualified U.S. workers for the position offered by the employer.

25% of the employment-based cases are audited every year. Moreover, the DOL’s proposed rule to update the labor market test for certified labor certification, which has not yet gone into effect, will become effective on March 27, 2026. This is anticipated to place additional financial burdens on some of the small businesses and startups that rely on foreign workers to fill their jobs. Those who are currently sponsoring foreign workers at Levels I and II will be especially affected by the anticipated increase in wage levels for Level I jobs of 33%.

A case study of labor certification showed that when a company does decide to file an I-140 for an employee that holds a certified labor certification, the employee’s priority date will be certified in the Form I-140 that is filed for the purposes of processing I-485 applications and obtaining permanent residency (i.e. Green Card) through employment.

Once we learn the process of labor certification for PERM labor certification, we can start our journey and find our place in the new country.

Outline the Step-by-Step Process for Obtaining PERM Certification

It’s important to note that in granting of a permanent, full-time position to a foreign worker, by an organization, the organization’s efforts will be channeled towards ensuring that, in offering a wage to the foreign worker, it meets or exceeds the average wage for that position, in that local area. This organization will, in the first place, request a Prevailing Wage Determination (PWD) from the Department of Labor.

Such foreign workers are hired by the employers only after the employers have completed the required recruitment of U.S. workers for the positions offered. The employers are required to complete the required steps of the recruitment of U.S. workers for the positions offered and to document all information about all applicants for the positions offered. Such information includes the reasons for not hiring qualified U.S. workers for the positions offered. Such information is included in the labor certification application.

Once all steps for recruitment of U.S. workers have been completed by the employer, it will be ready to apply for certificacion laboral perm. As stated before, employers apply for certificacion laboral perm by submitting a Prevailing Wage Determination (PWD) from the Department of Labor and requesting a labor certification application (Form ETA-9089). These steps of the process of labor certification, by an organization, for hiring of a foreign worker will be supported by the required steps of recruitment of U.S. workers, with required documentation. As stated before, once a new application for certificacion laboral perm (replaced ETA Form 9089 on May 31, 2023) is submitted to the DOL, on or after June 1, 2023, the DOL will review the supporting documentation for the required steps of recruitment of U.S. workers.

Labor certification applications for certificacion laboral perm are processed by DOL on a first-in, first-out basis. As stated above, DOL aims to process labor certification applications within 6 to 12 months from the date of receipt of the application for certificacion laboral perm. Upon approval of a labor certification application for certificacion laboral perm, DOL will issue a certificacion laboral perm to the employer.

The employer then will submit an immigrant visa petition (Form I-140) for the foreign worker with the U.S. Citizenship and Immigration Services (USCIS), within 6 months of issuance of the certificacion laboral perm. This will permit the foreign worker to apply for either adjustment of status to obtain a green card or for consular processing to obtain a green card.

According to the Department of Labor, it now takes on average more than one year to process labor certification applications. As every case is different in nature and requires a considerable amount of time and effort to process, the DOL aims to process the applications received in the order in which they are received. In 2023 for example, the Department of Labor received 159,000 labor certification filings, a 12% increase from the number of filings in the previous year.

By learning the entire process of immigration to the USA, companies can successfully file a POWD-application and also prepare the required recruitment documents. In addition, companies can also seek the assistance of immigration service providers to smooth out the process of labor certification in the best possible manner and avoid any errors in the POWD- and recruitment- stages.

Identify Common Challenges in the PERM Process and How to Overcome Them

Immigration applications for foreign workers require a considerable amount of paperwork and employees often get lost in gathering all required documents.

Immigration paperwork for foreign workers is so much work for employers. Therefore, employers need to be very detailed and complete all paperwork as accurately and completely as possible in order to complete the process as quickly as possible and avoid any delays.

Requesting a prevailing wage determination can take a long time to receive; it is therefore best to request it as early as possible in order to avoid any uncertainty.

Audits by the DOL can be of concern if the job descriptions within the job postings are not consistent. Keeping the job postings consistent can alleviate many concerns and problems.

Immigration applications for foreign workers, through the employment-based immigration process, can take a long time and be uncertain. It is in the best interest of both the employee and the employer to maintain constant communication throughout the process and to keep both informed of application status and expected dates.

Employment-based immigration can often be complex and cause significant stress for individuals and businesses alike. At Ippolito & Esina, LLC we strive to provide our clients with the utmost support throughout the process. If you have questions or concerns regarding immigration laws, please feel free to contact an experienced immigration lawyer.

Explain the Role of Legal Assistance in the PERM Certification Process

Companies with employees abroad seeking work permits, status changes, full assistance, via immigration lawyers from the biggest law firm in the USA to foreigners sponsored by their US employers, offering foreign workers legal assistance throughout the foreign workers sponsorship process. As reported in various immigration cases, companies that seek legal assistance throughout the foreign workers sponsorship process experience greater success than those that do not.

1. Navegando Tramos Regulados de Certificacion: Para grandes corporaciones y organizaciones de tamaño mediano llevar a cabo Certificaciones y Pereodicas Perm con trazabilidad con evolución puede representar un gran cambio dentro de los procesos administrativos y laborales de dichas organizaciones. Nuestros abogados inmigracion son considerados los expertos de certificaciones de trabajo en tramos y regulas bajo regimen legal DOL aplicando modalidades de changa nos guste. Aqui puede ver un ejemplo de solicitud de certificacion para procurar un trabajador ensamblador peicero. This solicitation serves as an exemplar of the delicate intricacies within the labor certification process. Rutas para enviara esta solicitud al DOL debe seguir etapas determinada por política de oficina DOL de departamento estado donde es solicitado trabajo. Por lo tanto, acceder un trabajador humano que mejore estos vacios de conjunto no compleja que lo beneficie siempre con traemspot ha merjo.
2. Preparing Documentation: In order to qualify foreign workers for labor certification through the immigration process of the Vasquez Law Firm, carefully prepares and reviews all necessary documents for foreign workers that are seeking immigration through labor certification.
3. Recruitment: The immigration attorneys of Vasquez Law Firm represent U.S. employers (corporations and non-profits) hiring foreign workers and assist such organizations with the proper steps for foreign recruitment to the labor market that must be executed to satisfy the requirements of the Department of Labor that evidence that there are not enough qualified U.S. workers to fill the vacancy of the foreign worker(s) which the U.S. employer(s) wish to sponsor for immigrant and/or nonimmigrant status and for work authorization in the United States.
4. Responding to Audits: In the case of a DOL audit, the immigration attorneys at Vasquez Law Firm will respond to any additional information required by the DOL to ensure 100% compliance, and address any other DOL concerns.
5. Filing of Immigration Petitions: Once a Labor Certification has been approved by the Department of Labor, the Immigration Attorneys at Vasquez Law Firm can represent U.S. Employers in filing of the immigrant visa petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS) for permanent residency. Our Immigrant Attorneys also handle all matters pertaining to the obtaining of Permanent Residency Cards, whether through adjustment of status of a foreign worker who is physically present in the U.S. or consular processing of a foreign worker’s Permanent Residency Card at a U.S. Consulate in a foreign worker’s home country.

Vasquez Law Firm, in addition to being the best place to get a foreign worker sponsored by a U.S. employer to work in the U.S. through the foreign worker sponsorship process, also is a bilingual law firm. Here, bilingual law firms are not only law firms that have foreign worker sponsorship attorneys that speak English and foreign languages. Rather, bilingual law firms are also law firms where all platforms of communication and meetings are also bilingual. Therefore, here at the Vasquez Law Firm, foreign worker sponsorship lawyers conduct foreign worker sponsorship law for foreign workers by holding foreign worker sponsorship law virtual consultations for foreign workers by using platforms of communication for holding video conferencing meetings, such as Zoom, Google Meet, etc. by holding telephone calls, etc. And the reason why here at the Vasquez Law Firm, foreign worker sponsorship lawyers hold foreign worker sponsorship law virtual consultations for foreign workers by using platforms of communication, such as video conferencing meetings, telephone calls, etc. for foreign workers is that in many foreign worker sponsorship cases, foreign workers are also foreign workers that are currently living outside of the U.S. Therefore, here at the Vasquez Law Firm, foreign worker sponsorship lawyers hold foreign worker sponsorship law meetings, etc. for foreign workers by using platforms of communication, such as video conferencing meetings, telephone calls, etc. And the main reason why here at the Vasquez Law Firm, foreign worker sponsorship lawyers hold foreign worker sponsorship law meetings, etc. for foreign workers by using platforms of communication for holding foreign worker sponsorship law meetings, etc. for foreign workers by using platforms of communication, such as video conferencing meetings, telephone calls, etc. for holding foreign worker sponsorship law meetings, etc. for foreign workers is that here at the Vasquez Law Firm, foreign worker sponsorship lawyers hold meetings, etc. for foreign workers by using the above platforms of communication for holding meetings, etc. for foreign workers by using the above platforms of communication for holding foreign worker sponsorship law meetings, etc. for foreign workers. As reported in various immigration cases, companies that are seeking legal assistance throughout the foreign worker sponsorship process of sponsoring foreign workers, for example, the process of certifying of labor of foreign workers, etc. for foreign workers, experience greater success in sponsoring foreign workers, etc. in obtaining approval for sponsoring foreign workers, etc. by having needed documentation completed by foreign worker sponsorship lawyers of the law firm that is representing foreign workers in sponsoring foreign workers, etc. in the foreign worker sponsorship process. Moreover, in such cases, such foreign worker sponsorship lawyers also organize for their clients, i.e. the employers of foreign workers that are being sponsored by the employers of the foreign workers in the foreign worker sponsorship process of sponsoring foreign workers, etc. for foreign workers, the recruitment of U.S. workers in the foreign workers’ sponsors’ respective workplaces that is required to be organized for the certification of labor of foreign workers by the Department of Labor in order to sponsor foreign workers, etc. for foreign workers in the foreign worker sponsorship process in classifying foreign workers, etc. that are being sponsored by foreign workers’ respective employers as being immigrant workers, i.e. as being permanent resident immigrants, or as being nonimmigrant workers, etc. and in issuing necessary documentation for work in the U.S. for the foreign workers that are being sponsored by their respective employers in the foreign worker sponsorship process.

As you go through the process of hiring foreign workers, we can assist and aid in the successful development of your workforce. The immigration attorneys of Vasquez Law Firm are available to speak with you for a FREE initial consultation to discuss your specific needs and how we can assist you in achieving your goals.

Conclusion

This step-by-step guide to PERM (Labor Certification) for employment-based residency in the US for foreign workers will help them along the way to successfully gain employment-based residency in the US through labor certification as foreign workers.

A strong insight into the entire process that is required to obtain Labor Certification includes:

• The Required Prevailing Wage Determination
• The Specific Required Recruitment Process of Employer’s
• Possible Obstacles (audits, errors in documentation, etc.) that might occur during the process of Labor Certification
• Legal Assistance, which thoroughly prepares all required documents and accompanies the Employer during the entire process of Labor Certification in order to increase chances of approval of application for Labor Certification

Immigrants should be aware of the changes in laws and procedures in order to better prepare themselves and their employers for the future. The Vasquez Law Firm, dedicated immigration lawyers, can give you free initial consultations and represent you in Spanish. Thus, you can be prepared to face the Labor Certification process in the best way possible and to take advantage of the opportunities available to you in order to become a permanent resident through employment in the US.

Frequently Asked Questions

What is PERM Labor Certification?

PERM Labor Certification is a process required by the Department of Labor (DOL) for foreign workers seeking employment-based immigrant visas in the U.S. It involves meeting specific requirements to ensure that there are no qualified U.S. workers available for the job offered by the employer.

Why is PERM Labor Certification important for immigrants?

PERM Labor Certification is crucial for foreign workers as it is typically the first step in the U.S. immigration process for obtaining permanent residency or temporary work. It helps facilitate the employment of foreign workers by U.S. employers.

How long does the Prevailing Wage Determination (PWD) process take?

The Prevailing Wage Determination process can take approximately 6-8 months to complete.

What is involved in the recruitment process during labor certification?

During the labor certification process, the employer must conduct recruitment efforts that can last between 60 to 180 days to demonstrate that there are no qualified U.S. workers available for the position.

What percentage of employment-based cases are audited each year?

Approximately 25% of employment-based cases are audited annually.

What changes are anticipated in the labor market test for certified labor certification?

A proposed rule by the DOL, effective March 27, 2026, is expected to update the labor market test, potentially increasing financial burdens on small businesses and startups that rely on foreign workers, particularly affecting wage levels for Level I jobs.

How does labor certification affect the I-140 filing process?

When a company files an I-140 for an employee with a certified labor certification, the employee's priority date is certified in the Form I-140, which is essential for processing I-485 applications and obtaining permanent residency (Green Card) through employment.

What is the overall significance of understanding the labor certification process?

Understanding the labor certification process is vital for foreign workers and their employers as it marks the beginning of the immigrants' journey to establishing a new life in the U.S. and securing employment opportunities.

List of Sources

1. Define PERM Labor Certification and Its Importance for Immigrants
   • News & Commentary: July 8, 2026 ✦ OnLabor (https://onlabor.org/july-8-2026)
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • 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)
   • Chugh, LLP - Attorneys & CPAs (https://chugh.com/news/dol-signals-plans-to-modernize-the-perm-labor-certification-program-key-takeaways-for-employers)
2. Outline the Step-by-Step Process for Obtaining PERM Certification
   • Latest PERM News & Updates | Savitz Law Offices in Boston (https://immigrationoptions.com/labor-certification-news-flash)
   • How DOL’s PERM Changes Could Impact Employers (https://meltzerhellrung.com/dol-is-planning-to-give-perm-its-first-real-update-since-2005-heres-what-employers-should-expect)
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • Typical Timeline for the PERM Labor Certification Process (https://krilaw.com/how-long-does-the-perm-process-take)
3. Identify Common Challenges in the PERM Process and How to Overcome Them
   • July 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • PERM processing times FAQ for employers (https://bal.com/perspectives/perm-processing-times-faq-for-employers)
   • 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)
4. Explain the Role of Legal Assistance in the PERM Certification Process
   • News - Murthy Law Firm | U.S Immigration Law (https://murthy.com/view-all-news)
   • 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 Certification Attorneys | The Bernard Firm (https://bernardfirm.com/visa-types/immigrant-visa-lawyers/perm-labor-certification)
   • Austin Office (https://bravobonettilegal.com/perm-labor-certification)
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)