PERM Timeline

About Permanent Labor Certification

Certain employment-based green card applicants must complete the Permanent Labor Certification (PERM) process before filing Form I-140 with USCIS. As part of this step, employers submit both PERM labor certification and Prevailing Wage Determination (PWD) applications to the U.S. Department of Labor (DOL). Because of the process’s complexity and volume, PERM and PWD processing times can often be lengthy.

The PERM process involves several key steps:

1. Determine Eligibility
   The employer must qualify as a U.S. employer with a valid FEIN and a physical location in the U.S. where workers can be referred.
2. Identify the Job Opportunity
   The employer identifies a permanent, full-time job opportunity and defines the actual minimum requirements and job duties, based on DOL regulations (20 CFR 656.17, 656.18, or 656.10).
3. Request Prevailing Wage Determination
   The employer must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) before filing a PERM application.
4. Conduct Recruitment and Post Notice of Filing
   The employer must perform pre-filing recruitment steps to test the labor market and post a notice of filing, as required by DOL regulations.
5. Submit the PERM Application
   Once recruitment is complete, the employer files the PERM labor certification application electronically through the FLAG system or by mail.

For more detailed information on the PERM process, you can refer to the official U.S. Department of Labor (DOL) website or consult with legal experts specializing in immigration and labor law.