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What is PERM?
A PERM (Program Electronic Review Management) is a labor certification issued by the U.S. Department of Labor. It does NOT give immigration status. Instead, it confirms that no qualified and willing U.S. worker is available for the job and that the employer will pay at least the prevailing wage. It is the first step toward most EB-2 and EB-3 green cards.
Is PERM a visa or a work permit?
No. PERM is not a visa, nor does it provide work authorization or permission to stay in the U.S. It is only the labor certification needed before an employer can file the I-140 immigrant petition.
How long does the PERM process take?
On average, the full PERM process takes 22-24 months, including prevailing wage (≈6 months), recruitment (60+ days), PERM filing, and DOL adjudication (14-16 months). Audits can extend the timeline.
What determines whether a case becomes EB-2 or EB-3?
The job requirements define the category, not the candidate’s resume.
- EB-2 applies if the job requires a Master’s degree or Bachelor’s + 5 years of progressive experience.
- EB-3 applies to Bachelor-level roles, skilled workers (2+ years experience), or other workers.
What happens if a qualified U.S. worker applies during recruitment?
The employer cannot continue with the PERM for that position. There are no exceptions or appeals. The employer may restart recruitment after six months.
Can the employer change the job description or salary after recruitment begins?
No. Once recruitment starts, the job requirements and prevailing wage cannot be changed without restarting the entire process from the beginning.
What is the I-140, and why does it matter after PERM?
The I-140 Immigrant Petition is the second stage of the EB-2/EB-3 green card process.
Once PERM is certified, the employer files the I-140 with USCIS to prove three things:
- The worker met every PERM requirement before the PERM was filed.
- The job offer is genuine and permanent.
- The employer can pay the prevailing wage from the PERM priority date onward. This is known as ability to pay, and USCIS reviews tax returns, annual reports, audited financials, or payroll records to verify it.
If any of these elements is unclear, USCIS may issue an RFE, NOID, or denial.
The I-140 does not replace the PERM; it confirms that the worker and employer both qualify to move forward to the green card stage.
What documents does the employee need for PERM and I-140?
The worker must provide:
- diplomas and transcripts,
- credential evaluations for foreign degrees,
- detailed experience letters proving they met all PERM requirements before filing,
- resume and identity documents.
Who must prove ability to pay the prevailing wage from the PERM and how?
The employer must demonstrate ability to pay the wage from the PERM priority date onward using tax returns, annual reports, audited financials, or payroll records. This is a common source of I-140 delays or denials.
How do layoffs affect a PERM case?
Layoffs in the same or similar occupation within the previous six months prevent the employer from starting recruitment or filing PERM.
During the layoff window, the employer can still:
- define the job description and requirements, and
- request the prevailing wage determination (PWD).
But the employer cannot activate the PERM process — meaning no recruitment and no ETA-9089 filing — until the cooling-off period has passed. Once that period ends, the PERM process may proceed normally.
What happens if PERM is denied?
The employer may:
- refile a new PERM,
- correct job requirements and restart recruitment, or
- request reconsideration in limited cases.
Most PERM denials require starting over completely because the process is time-sensitive. There is no mandatory waiting period after a denial—refiling can begin as soon as the employer is ready, as long as no layoffs prevent recruitment and the job requirements are compliant.
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