What You Need to Know About Current PERM Application Processing

Navigating the process of obtaining a green card through employment in the United States often begins with the PERM (Program Electronic Review Management) labor certification. This crucial step ensures that there are no qualified U.S. workers available for the position and that hiring a foreign worker won't negatively impact the wages and working conditions of U.S. workers. As of 2025, understanding the nuances of the PERM process is more important than ever, especially with recent updates in processing timelines and requirements. This blog post provides a comprehensive guide to current PERM application processing.

What is the PERM Labor Certification?

The PERM labor certification is the first step for many employment-based green card categories, particularly the EB-2 and EB-3 categories. Managed by the Department of Labor (DOL), it requires employers to demonstrate that they have conducted a good faith recruitment process and have not found a suitable U.S. worker for the position.

Why is PERM Necessary?

PERM certification is critical because it protects U.S. workers and ensures that foreign workers are not hired at the expense of local labor. It involves a comprehensive process where employers must adhere to specific recruitment and documentation requirements.

Legal Background: Understanding the Laws Governing PERM

Several key legal frameworks govern the PERM process:

• INA (Immigration and Nationality Act) Section 212(a)(5)(A): This section requires that employment-based immigrants not adversely affect the wages and working conditions of U.S. workers.

• 20 CFR Part 656: This Code of Federal Regulations section outlines the procedures and requirements for obtaining labor certification. It details everything from recruitment efforts to documentation.

• USCIS Policy Manual, Volume 6: Although the USCIS does not handle PERM applications, this manual provides guidance on subsequent steps once labor certification is approved.

What are the Current Requirements for PERM?

To successfully navigate the PERM process, employers and applicants must meet specific requirements:

• Employer Sponsorship: Only U.S. employers can initiate the PERM process. The employer must have a bona fide job offer available.

• Position Requirements: The job must be full-time and permanent in nature.

• Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the DOL, ensuring the offered wage meets industry standards.

• Recruitment Process: Employers must conduct recruitment efforts within the U.S. to ensure no qualified American workers are available. This involves:

  • Posting the job ad in newspapers or professional journals.
  • Posting the job internally at the employer's place of business.
  • Using at least three additional recruitment methods from a DOL-approved list, such as job fairs or recruitment websites.

• Filing an ETA Form 9089: This is the formal application for labor certification submitted to the DOL.

How is the PERM Process Conducted?

Step-by-Step PERM Application Process

1. Prevailing Wage Request: Employers must first request a prevailing wage determination from the DOL. This sets the minimum salary that must be offered.

2. Recruitment: Conduct a good faith recruitment process using the methods outlined above. This process typically takes around 60 days.

3. Filing ETA Form 9089: After completing recruitment, employers submit Form 9089 electronically through the DOL’s iCERT portal.

4. DOL Processing: Once submitted, the DOL reviews the application to ensure compliance with all regulations. Processing times can vary but have recently seen improvements.

5. Approval or Denial: If approved, the employer can proceed with filing the I-140 Immigrant Petition for Alien Worker with USCIS. If denied, the employer may file a request for reconsideration or an appeal.

Recent Updates in Processing Times

As of 2025, the DOL has made strides in reducing processing backlogs. Currently, applications from September 2024 are being processed. Employers can check the latest processing times on the DOL’s website to stay informed.

Common Challenges and Considerations

What Challenges Might Employers Face?

• Complex Recruitment Requirements: Navigating the recruitment process can be challenging, especially for smaller employers unfamiliar with DOL requirements.

• Changing Prevailing Wage Rates: Employers must ensure the offered wage aligns with the latest prevailing wage rates, which can change annually.

• Audit Risk: Some applications may be selected for audit, requiring additional documentation and potentially delaying the process.

How Can Employers Mitigate These Challenges?

• Detailed Documentation: Maintain thorough records of all recruitment efforts, including copies of advertisements and resumes received.

• Consulting with Experts: Engaging an immigration attorney can help navigate complex requirements and ensure compliance.

Practical Tips and Recommendations

How Can You Optimize Your PERM Application?

• Start Early: Begin the process well in advance of any anticipated start dates to accommodate potential delays.

• Stay Informed: Regularly check the DOL’s website for updates on processing times and changes in prevailing wage rates.

• Prepare for Audits: Keep detailed records and documentation to quickly respond to any audit requests.

• Leverage Technology: Use electronic filing options and recruitment platforms to streamline the process and maintain accuracy.

Next Steps: What Should You Do After PERM Approval?

Once the PERM labor certification is approved, the next steps include:

1. Filing Form I-140: The employer files this petition with USCIS to classify the foreign worker under the appropriate employment-based category.

2. Adjustment of Status or Consular Processing: Depending on the worker’s location, they can either adjust status if they are in the U.S. or go through consular processing if they are abroad.

3. Monitor Visa Bulletin: Keep an eye on the State Department’s Visa Bulletin to track the availability of visa numbers for the specific employment-based category.

4. Prepare for Further Steps: Be ready for additional steps such as medical examinations and interviews if required.

Conclusion

The PERM labor certification process is a critical step for those seeking employment-based permanent residency in the United States. By understanding the current requirements and staying informed about recent updates, employers and applicants can navigate this complex process more effectively. As always, consulting with an experienced immigration attorney can provide valuable guidance and support throughout the application journey.

For the most up-to-date information regarding PERM processing times and requirements, regularly visit the Department of Labor's official website and consult with immigration professionals who can provide tailored advice based on your specific circumstances.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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