Introduction
Many employers are still troubled by waiting times and by the required steps within the PERM process. Labor certification for foreign, skilled workers for employment with U.S. companies is a crucial step for hiring foreign talent in the U.S. - in addition to protecting the jobs of U.S. citizens it also creates opportunities. Especially in times of economic downturn, the process facilitates the hiring of foreign, skilled workers by U.S. companies, allowing them to succeed.
However, many employers are put off by waiting times and by requirements of the complex PERM process. What can employers do?
Define PERM: The Labor Certification Process for Immigrants
The Labor Certification process can be a difficult and time-consuming aspect of hiring foreign talent for employers to go through. The initial step to employing foreign talent in the US is the labor certification process through the Program Electronic Review Management (PERM) system of the U.S. Department of Labor (DOL).
PERM labor certification processes seek to allow the employment of foreign workers with the right skills in the US as part of the total US workforce, by requiring employers to go through a process of trying to find qualified U.S. workers for the jobs they wish to offer to foreign workers.
After the required labor certification process has been completed by the employer, they can proceed with filing an employment-based green card application as part of the process for an immigrant petition (known as “perm an” for permanent and can be approved outside of the US).
Contextualize PERM: Its Importance in U.S. Immigration
American Jobs Protected by PERM Certification: The PERM certification or perm an immigrant petition issued by the Department of Labor enables American employers to protect the jobs of United States citizen workers during periods of economic change when there are not enough qualified U.S. workers to meet the needs of American employers to fill jobs in the U.S. With foreign workers hired by employers for jobs in the U.S. under employment-based immigration, employers are required by the certification process to certify that there are no qualified U.S. workers available for the jobs for which the foreign workers are applying. Employers seek to fill jobs on a temporary basis until qualified U.S. workers can be found to fill them on a permanent basis. Until then, the jobs are filled on a temporary basis by foreign workers. In this manner, the certification helps to protect the jobs of the workers of a particular country to include the workers of the United States during periods of economic change such as during times of high demand for workers who are skilled.
In 2026, the Department of Employment is still struggling to keep PERM up to date. The PERM processing time, the median processing time for labor certification applications (PERM), is 501 days in addition to the time it takes for USCIS to process the related immigration applications. Currently, USCIS is dealing with a massive backlog of over 11.3 million cases. As a result, the whole employment-based immigration process is in disarray.
Workforce forecasts issued by the Department of Employment for the coming year will include an updated Workforce Market Assessment for Employment Applications. When revising the requirements for the employment applications of employers, greater emphasis will be placed on enforcing non-discrimination requirements and on optimizing the employment applications of employers for recruiting foreign workers of all backgrounds for permanent employment in the U.S. The employment-based immigration process therefore is perm an immigrant petition.
These cases show how employers can go through the certification process for applications for employment-based immigration, and what will happen if they fail to comply with regulations for employment-based immigration. This is especially clear from a current case going through the courts for employment-based immigration, Cloudera, for example.
Changes to the PERM process are constantly evolving and employers and foreign workers alike can benefit from having up-to-date information regarding the current process for employment-based immigration as well as the requirements for timely processing of PERM applications.
Trace the Origins of PERM: Historical Development and Legal Framework
The path through employment verification certification:
Today I found on a table left by a prior intern some materials that have been sitting around for years relating to the process of employment verification for certification for a number of years. This process, which began in 2005, was a totally manual process to process the applications for verification and therefore caused many delays. There were also many complex rules regarding certification that were also processed manually. The result was a huge backlog of cases.
This process of employment verification originated under the auspices of the Immigration and Nationality Act of 1952. Today, the Department of Labor processes applications for verification of foreign workers’ employment in the United States. The focus of the processing of foreign workers’ employment in the United States has shifted from processing employment verification applications in a timely manner to preventing and combating fraud in processing applications for foreign workers seeking to find employment in the United States and assist foreign workers in finding employment in the United States.
The problems with the prior certification methods were addressed by establishing the employment verification certification processes through the PERM system. Over the years, updates to prior certification methods and their implementation have provided information to employers and foreign workers alike on requirements concerning such issues as wages, jobs and the required recruitment of workers.
Applications for foreign workers submitted on or received by DOL on or after July 16, 2007 are subject to a 180-day limitation on the validity of permanent employment certifications (PERM approvals) of applications filed on or after July 16, 2007. A time frame within which foreign workers and their employers can complete and utilize the processing of employment opportunities for foreign workers through the required steps.
Explore Key Characteristics: Steps and Eligibility for PERM Applications
The steps that an employer of foreign employees of his company must follow in order to obtain approval of labor certification for foreign employees, for the purposes of an immigrant petition, or PERM an immigrant petition, can be summarized as follows.
For the jobs of foreign employees of employers of foreign employees of such companies for which approval of applications for labor certification by the Department of Labor for such foreign employees of such employers of such foreign employees is to be sought for the purposes of an immigrant petition, or PERM an immigrant petition, the first step which an employer must take is to obtain a determination of the prevailing wage for a job from the Department of Labor.
It is very important to document each step of the hiring process, for example, by:
- Having applicants for foreign employee positions fill out and sign job applications
- Contacting, having conversations with, and taking notes regarding applicants for foreign employee positions
- Contacting, having conversations with, and taking notes regarding prior employees of the company
- Listing, in writing and in detail, in an advertisement, in a newspaper, in a publication, on the Internet, or otherwise, all job openings of a company
- Advertising, in writing, in detail, in a newspaper, in a publication, on the Internet, or otherwise, job openings of a company
Once the requirements for hiring a foreign worker as laid out in the preceding section have been met by the employer of foreign workers, the final step would be for the employer of foreign workers to file the ETA Form 9089 for the foreign employee who is being hired by the employer of foreign workers for a full-time, permanent job and the foreign employee has the required qualifications for the job as specified in the ETA Form 9089 for the labor application for immigrant certification of the foreign employee.
In summary, it is important to note that over 95% of labor applications for foreign employees that go through the proper PERM labor application process are approved by the DOL. Understanding the process and how long it will take to hire foreign employees for your company, and have them receive a Green Card through the PERM process for immigrant labor certification can take as long as 2-3 years.
Currently, the average processing time for labor certification applications for foreign workers that have been filed by employers for their foreign employees, as part of an immigrant petition for Green Cards, such as a PERM application, is 472.43 days. These labor certification applications are currently pending at the DOL, due in large part to the enormous increase in the number of applications for certification of labor for foreign employees for immigration purposes through the PERM process, that have been filed by employers of foreign workers, in recent years.
In order to process foreign employees’ applications for Green Cards through the PERM process for immigrant labor certification in a timely manner, it is very important that HR and Legal departments work jointly to complete, maintain, and manage the processes and steps for such foreign employees’ labor certification applications for immigrant labor certification, as outlined above.
In addition, it is crucial to remain up-to-date as to all of the changes that are to be introduced by the DOL for the processes and steps for approval of labor certification applications for foreign workers for immigration purposes through the PERM process, as such changes are expected to be introduced by the DOL as early as 2026.
Conclusion
U.S. Immigration Process Explained.
The PERM Process for foreign workers on U.S. work visas helps them find employment in the U.S. as skilled workers. The PERM process ensures that there are U.S. jobs to be filled by skilled workers from around the world. In the meantime, these jobs are being protected for Americans.
In particular, Vasquez Law Firm studied the history of the PERM process, the main requirements that must be fulfilled by the foreign workers going through the labor certification process, and finally who is eligible for employment-based immigration. All this information was collected by researching in detail the latest changes to the PERM regulations, and the way in which the Department of Labor is continuously adapting to meet the demands of the U.S. workforce. Interestingly, 95% of the labor applications that are properly submitted are approved. Therefore, this process is very important to foreign workers searching for U.S. employment as skilled workers.
Those with foreign workers who are going through the labor certification process for employment-based immigration need to work closely with the HR and legal departments of their company. Employment-based immigration, in general, is very complex and always changing with the latest Department of Labor regulations. If a foreign worker in the U.S. needs help with immigration, the Vasquez Law Firm is available 24 hours a day to assist with all matters relating to immigration, and we would be happy to set up a free initial consultation with a foreign worker to assist with the PERM process and enable foreign workers to strengthen the communities and economy where they reside.
Frequently Asked Questions
What is the PERM labor certification process?
The PERM labor certification process is a requirement for employers in the U.S. who wish to hire foreign talent. It involves a series of steps that employers must follow to demonstrate that they have attempted to find qualified U.S. workers for the positions they want to fill with foreign workers.
Why is the PERM process necessary?
The PERM process is necessary to ensure that foreign workers are only employed when there are no qualified U.S. workers available for the job. This helps to protect the U.S. labor market by prioritizing employment opportunities for American workers.
What is the role of the U.S. Department of Labor (DOL) in the PERM process?
The U.S. Department of Labor (DOL) oversees the PERM labor certification process. Employers must submit their labor certification applications through the Program Electronic Review Management (PERM) system to the DOL for approval.
What happens after the labor certification process is completed?
Once the labor certification process is completed and approved, employers can file an employment-based green card application as part of the immigrant petition process for the foreign worker.
Can the PERM process be completed outside of the U.S.?
Yes, the PERM process can be approved outside of the U.S., allowing employers to hire foreign workers who may not currently be in the country.
List of Sources
- Define PERM: The Labor Certification Process for Immigrants
- News & Commentary: July 8, 2026 ✦ OnLabor (https://onlabor.org/july-8-2026)
- 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)
- 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)
- Contextualize PERM: Its Importance in U.S. Immigration
- New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
- DOJ Enforcement Continues to Target PERM Recruitment - Klasko Immigration Law Partners, LLP (https://klaskolaw.com/doj-enforcement-continues-to-target-perm-recruitment)
- Legal Immigration in Numbers: June 2026 Status Update - Niskanen Center (https://niskanencenter.org/immigrationdata)
- 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 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)
- Trace the Origins of PERM: Historical Development and Legal Framework
- Department of Labor - Permanent Employment Certification (PERM) Program Historical Data (https://catalog.data.gov/dataset/permanent-employment-certification-perm-program-historical-data)
- DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
- Chapter 6 - Permanent Labor Certification (https://uscis.gov/policy-manual/volume-6-part-e-chapter-6)
- A Historical Look at PERM: How Labor Certification Evolved in the U.S. | Park Evaluations (https://parkeval.com/2025/09/22/a-historical-look-at-perm-how-labor-certification-evolved-in-the-u-s)
- A Dozen Years of PERM – A Practitioner’s Perspective (https://aila.org/blog/a-dozen-years-of-perm-a-practitioners-perspective)
- Explore Key Characteristics: Steps and Eligibility for PERM Applications
- 16 PERM Labor Certification Statistics Every Employer Should Know in 2026 (https://tryalma.com/blog/perm-labor-certification-statistics)
- Latest PERM News & Updates | Savitz Law Offices in Boston (https://immigrationoptions.com/labor-certification-news-flash)
- 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)
