What is a PERM-Based Green Card
A PERM application for a Green Card is one of the most common ways for foreign professionals to obtain permanent residency in the United States. It is used for most EB-2 and EB-3 employment-based visa categories, and although people often refer to it as “the PERM visa,” the PERM itself is not a visa. It does not provide work authorization, status, or permission to remain in the U.S.
A PERM, which stands for Program Electronic Review Management, is a labor certification issued by the U.S. Department of Labor (DOL). Its purpose is simple but strict:
Before a company can offer a permanent job to a foreign worker, it must prove that:
It attempted to recruit U.S. workers
No qualified and willing U.S. workers applied
The foreign worker will be paid at or above the prevailing wage, which protects the labor market.
Once the PERM is certified, the employer can file the I-140 Immigrant Petition, and when a visa number becomes available, the worker can apply for the Green Card via Adjustment of Status or Consular Processing.
Understanding what the PERM process is means understanding how the U.S. protects its labor market and how employers must navigate a very structured process to sponsor foreign talent.
The PERM Process
The PERM process for green cards is structured into three distinct stages. Every stage depends on the one before it, and mistakes can require the employer to start over. Overall, the full PERM process takes on average 22-24 months to complete, longer if an Audit is issued.
Below is a full explanation of how each step works in practice.
Step 1: Defining the Job Duties and Requirements
Everything in the PERM process begins with the job description and requirements. It determines:
The prevailing wage for the position offered
Whether the case will ultimately be EB-2 or EB-3
The recruitment obligations
The likelihood that U.S. workers may qualify
Because so much depends on the duties and requirements, this stage is the most strategic part of the entire process.
Minimum requirements
These must reflect what is actually necessary for the role—nothing more, nothing less. Typical components include:
Degree (Associate’s, Bachelor’s, Master’s, PhD)
Years of experience
Years of training
Specific skills or tools commonly used in the industry
Foreign language requirements
Licenses and/or certifications that are standard for similar positions
Trade-offs in job complexity
More senior job descriptions with higher requirements have two immediate consequences:
Fewer U.S. applicants will meet the minimum requirements, which means fewer people will qualify for the role.
The prevailing wage will increase, since more advanced qualifications correspond to higher wage levels.
You run the risk of exceeding the DOL standard requirements for the role and will need to provide business necessity for overly restrictive job requirements, which could lead to an Audit or denial.
Employers must balance:
Business needs
DOL standards
Budget constraints
Requirements defined too broadly may result in more U.S. applicants meeting the minimum requirements. If a qualified and willing U.S. worker applies during recruitment, the employer cannot proceed with the PERM for that specific position. Conversely, requirements defined too strictly can lead to Audits and denials.
What happens if the PERM requirements are narrow or unreasonable?
If the job description includes:
• Criteria that are unusual for the field or industry
• Requirements that do not align with DOL standards
• Qualifiers that appear tailored to one specific person
the Department of Labor may:
• Issue an audit,
• Assign a wage that is far higher than the employer expected
• Deny the PERM entirely.
To avoid this, every requirement must be justified by the actual duties and responsibilities of the role.
Requirements defined too broadly may result in more U.S. applicants meeting the minimum requirements. If a qualified and willing U.S. worker applies during recruitment, the employer cannot proceed with the PERM for that specific position. Conversely, requirements defined too strictly can lead to Audits and denials.
Why PERM requirements cannot reference personal attributes?
Job requirements cannot reference:
• Nationality
• Demographic traits,
• Unique personal experiences
• Hyper-specific knowledge unrelated to industry standards.
PERM evaluates the job, not the worker. Any sign that the job was created specifically for one person undermines the purpose of the labor market test.
Step 2: Prevailing Wage Determination (PWD)
6 months to process
After defining the job description and requirements for the role, the employer submits a prevailing wage request to the Department of Labor, which will produce a prevailing wage determination depicting the minimum salary that must be paid for that occupation in that location.
The DOL calculates the wage based on:
Job duties
required education
Required experience
Special skills and/or licenses/certifications
Level of independence and responsibility
City/State where the work will be performed
What happens if the prevailing wage is higher than expected?
The employer has four options (or a combination of options):
1. Proceed and commit to the wage.
2. Revise the job description to reflect requirements that align with a lower wage level and submit a new prevailing wage request.
3. Refile the prevailing wage request.
4. Request a redetermination, which is generally not successful, but has produced better results.
Once recruitment begins, the wage cannot be changed without restarting the entire process.
Step 3: Recruitment (Labor Market Test)
30 days to recruit, followed by a 30-day quiet period
The recruitment stage is designed to give U.S. workers a fair opportunity to apply for the job. It also generates the documentation that the employer must retain in case the DOL requests an audit.
Recruitment includes:
Because so much depends on the duties and requirements, this stage is the most strategic part of the entire process.
Mandatory steps (non-professional)
A 30-day job order with the State Workforce Agency.
Two Sunday newspaper advertisements in a major newspaper.
A Notice of Filing posted at the worksite for at least 10 consecutive business days.
You want to complete all these steps within a 30-day period. This way, you can start the 30-day waiting period the day after you remove your last ad.
Reviewing applicants
The employer must evaluate each applicant to determine whether they are:
Qualified, based on the minimum requirements
Ready, able and willing to accept the job under the offered conditions.
A single U.S. worker who meets the minimum requirements and is willing to take the job is enough to block the PERM for that position.
What happens if the PERM requirements are narrow or unreasonable?
If the job description includes:
• Criteria that are unusual for the field or industry
• Requirements that do not align with DOL standards
• Qualifiers that appear tailored to one specific person
the Department of Labor may:
• Issue an audit,
• Assign a wage that is far higher than the employer expected
• Deny the PERM entirely.
To avoid this, every requirement must be justified by the actual duties and responsibilities of the role.
Requirements defined too broadly may result in more U.S. applicants meeting the minimum requirements. If a qualified and willing U.S. worker applies during recruitment, the employer cannot proceed with the PERM for that specific position. Conversely, requirements defined too strictly can lead to Audits and denials.
Why PERM requirements cannot reference personal attributes?
Job requirements cannot reference:
• Nationality
• Demographic traits,
• Unique personal experiences
• Hyper-specific knowledge unrelated to industry standards.
PERM evaluates the job, not the worker. Any sign that the job was created specifically for one person undermines the purpose of the labor market test.
Step 4: Filing the PERM (ETA-9089)
14-16 months to process
Once recruitment is complete, the employer prepares the recruitment report and files the PERM application with the DOL.
Processing times are long and vary, but often exceed a year.
During review, the DOL may:
Approve the application
Deny it
Issue an audit
If there is an audit, the employer must provide copies of:
All recruitment materials
All resumes received
Evaluations of applicants
Proof of the Notice of Filing
Newspaper tear sheets or publisher affidavits
Any other recruitment documentation
Step 5: I-140 Immigrant Petition
Once PERM is approved, the employer files Form I-140 with USCIS. This step shifts the analysis from the job to the worker’s qualificationsand the employer’s financial standing.
USCIS evaluates three primary questions:
1. Does the worker meet every minimum requirement listed in the PERM?
The worker must have acquired all necessary education and experience before the PERM was filed.
2. Is the job offer genuine and permanent?
USCIS must be satisfied that the role is long-term and that the employer intends to hire the worker.
3. Can the employer pay the prevailing wage?
The employer must demonstrate the ability to pay from the priority date until the worker becomes a permanent resident and beyond.
The employer may demonstrate ability to pay using:
Federal tax returns
Annual reports
Audited financial statements
A combination of 941’s, payroll records and bank statements
If any of these points is unclear, USCIS may issue:
An RFE (Request for Evidence),
A NOID (Notice of Intent to Deny)
An outright denial
Premium Processing is available for most I-140 cases and guarantees a response (approval, RFE, or denial) within 15 business days.
Step 6: Green Card Application
Once the I-140 is approved and the priority date is current in the Visa Bulletin, the worker may:
File Adjustment of Status (I-485) if inside the U.S.
Begin Consular Processing (DS-260) if outside the U.S.
Adjustment applicants may also receive an EAD and Advance Parole while the case is pending.
How PERM determines if a case is EB-2 or EB-3
Although PERM is a single process, it is used to support two distinct types of employment-based Green Cards:
EB-2 (Advanced Degree, Bachelor + 5 Years, or NIW or Exceptional Ability)
EB-3 (Professionals, Skilled Workers, Other Workers)
The precursor to filing an EB-2 or an EB-3 case is securing the approval of a PERM application from the Department of Labor. The PERM itself is not a visa, nor does it provide work authorization or permission to remain in the U.S. However, once approved, the PERM can be used to file for the EB-2 or EB-3.
Both EB-2 and EB-3 share exactly the same PERM steps. The difference is what the job requires, not what the foreign worker has on their resume.
For example:
A candidate with a Master’s degree may still end up in EB-3 if the job only requires a Bachelor’s degree.
A candidate with only a Bachelor’s degree may qualify for EB-2 if the job requires a Bachelor’s degree plus five years of post-bachelor’s progressively responsible employment experience in the field.
“Progressive experience” means the duties increased in complexity and responsibility over time, not five years spent performing static or entry-level tasks.
Do not mistake EB-2 NIW (National Interest Waiver), a category that does not require an employer, a job offer, or the PERM labor certification, with PERM. NIW bypasses PERM entirely because USCIS considers the applicant’s work inherently beneficial to the United States. To learn more about this visa, visit our EB-2 NIW guide. This is an entirely different process.
Likewise, do not confuse PERM with EB-2 Exceptional Ability. This category does require an employer and a job offer in the sciences, arts, or business, but bypasses PERM entirely because USCIS considers the applicant’s work exceptional and meets 3 of 6 defined requirements. EB-2 Exceptional Ability is an altogether different process.
EB-2 classification
A job is considered EB-2 when it requires one of the following:
Advanced degree
The position requires a Master’s degree or higher, or its foreign degree equivalent. The PERM must clearly state that the advanced degree is a minimum requirement for the job.
Bachelor’s degree + five years of progressive experience
A job also qualifies for EB-2 if it requires a Bachelor’s degree, and five years of post-bachelor’s progressively responsible employment experience in the field.
“Progressive experience” means the duties increased in complexity and responsibility over time, not five years spent performing static or entry-level tasks.
Examples of EB-2-level roles (advanced education or Bachelor + 5)
Senior, Managerial and Director-level positions
Computer and Information Research Scientists
Statisticians
Lawyer
Physician, Dentist, or other graduate-level medical roles
EB-3 classification
A job is classified as EB-3 when the minimum requirements fall into one of three groups:
Professionals
The job requires a Bachelor’s degree (or foreign degree equivalent).
Progressive experience is not required. Most corporate, professional positions, such as STEM fields, fall here.
Skilled workers
The job requires: at least two years of education, training, or experience, but does not require a Bachelor’s degree.
Examples include technicians, supervisors, and specialized trades.
Other workers (unskilled workers)
The job requires: less than two years of training or experience.
These roles often include factory, hospitality, and agricultural positions, as well as other entry-level operational roles.
Examples of EB-3 level roles
EB-3 Professional roles
Accountant
Marketing Specialist
Most Engineers
Most Math jobs
Most Scientific Research roles
Most Technology roles, except user support specialist roles
Construction Manager
EB-3 Professional and skilled worker roles
Construction Manager Supervisor
Customer Support Supervisor
IT Support roles requiring specific training
Engineering technician
Other supervisory roles
EB-3 Other workers
Warehouse associates
Production and packaging line workers
Hospitality and service roles
Agricultural workers
Cleaning and maintenance staff
Office Clerks/Admins
Documentation requirements are identical in EB-2 and EB-3 cases
Even though EB-2 and EB-3 differ in job requirements, the documents needed for PERM and I-140 are the same for both categories.
PERM evaluates the job and the employer’s recruitment efforts, while the I-140 focuses on three elements:
Whether the worker meets all the minimum requirements listed in the PERM,
Whether there is a bona fide, permanent job offer
Whether the employer has had, currently has, and will continue to have the ability to pay the offered wage from the priority date onward.
These requirements apply equally to EB-2 and EB-3 filings.
Employer documentation (PERM + I-140)
Corporate information
Legal name of the company
SS-4 EIN (Employer Identification Number)
Business address and location where the job will be performed
Number of employees
Description of the company’s operations
Financial standing
Job description and requirements
Detailed list of job duties
Minimum education requirements (Associate’s, Bachelor, Master, PhD)
Minimum experience required (years, type, level)
Any specific skills, tools, certifications, licenses, or software knowledge
Clear justification that requirements reflect true business needs
Recruitment evidence (audit file)
This is mandatory even if no audit occurs.
The employer must retain:
All newspaper ads and publisher affidavits
Printouts/screenshots of all other postings
SWA job order confirmation
Notice of Filing with posting dates
Resumes received during recruitment
Recruitment report summarizing the ads placed, and results, including an explanation of why each U.S. applicant was not qualified
The audit file is not submitted up front, but must be available forat least five years.
Ability to pay the Prevailing Wage
USCIS requires proof that the employer can pay the required wagefrom the PERM priority date onward. Acceptable evidence includes:
Federal tax returns
Annual reports
Audited financial statements
A combination of 941’s, payroll records and bank statements.
Ability to pay is one of the most common reasons for I-140 delays or denials, especially for startups, small companies, or employers with fluctuating revenue.
Employee documentation (PERM + I-140)
Educational evidence
Diplomas
Official transcripts
Credential evaluations for foreign degrees (required when education was completed outside the U.S.)
Experience evidence
To prove the worker meets the job requirements at the time of filing the PERM:
Letters from previous employers, including job titles, duties, dates of employment, and verification of required experience
Minimum education requirements (Associate’s, Bachelor, Master, PhD)
Evidence of promotions or increasing responsibility (especially for Bachelor + 5 EB-2 cases)
Identity and civil documentation
Passport biographical page
Updated resume
Licenses or Certifications (If applicable)
Required only when the job genuinely needs them—e.g., medical licenses, technical certifications, or professional registrations.
Priority dates and processing times (EB-2 vs EB-3)
Although EB-2 and EB-3 follow the same PERM steps, they move through the Green Card queue at different speeds because they use different visa categories in the U.S. Department of State’s Visa Bulletin. Each month, the Bulletin updates how far each category has advanced and whether applicants may file for Adjustment of Status (I-485) or Consular Processing (DS-260).
When does the priority date start counting?
The priority date is created only when the PERM application is filed with the Department of Labor. Neither the prevailing wage request nor the recruitment period creates a priority date. This means:
• You can spend months in PWD and recruitment,
• but your place in line only begins once the PERM is officially filed.
Why does the priority date matter?
Because EB-2 and EB-3 have separate queues, your priority date determines:
• When your I-485 or DS-260 can be filed
• When you may receive a Green Card
• How long you may need to maintain your underlying immigration status.
Is EB-2 always faster than EB-3?
Typically, EB-2 has a shorter backlog because it is meant for roles requiring higher skill levels. However, this is not always the case. There are periods when EB-3 advances more quickly, or EB-2 retrogresses more sharply. Applicants should check the Visa Bulletin regularly to understand which category is moving faster for their country of chargeability.
📌 The U.S. Department of State updates the Visa Bulletin monthly:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
How does this affect timing?
Even after PERM and I-140 approval, the applicant may still need to wait until their priority date becomes current. During that time, they typically maintain valid nonimmigrant status (e.g., H-1B, L-1) or move to other permissible categories.
Denials, RFEs, and delays
Although PERM is systematic, several factors can complicate a case. Below are the most common scenarios and how they are handled.
PERM Denial
A PERM can be denied for reasons such as:
Improper recruitment
Errors in the job description
Issues with submitted forms or timelines
A qualified U.S. worker emerged
Audit inconsistencies
Layoff-related restrictions
Requirements viewed as tailored or unjustifiable
What happens next?
The employer may:
• Refile a new PERM, revising the job description as needed
• Request reconsideration (in limited, case-specific circumstances)
• Restart recruitment if any step was invalidated
Most PERM denials result in a complete restart because the process is time-sensitive and formal.
I-140 Denial
An I-140 is typically denied because:
The worker cannot prove they met the requirements at the time of PERM
The employer cannot prove ability to pay
Inconsistencies exist between PERM and I-140 documents
USCIS finds deficiencies in the reference letters, transcripts, or credential evaluations
What happens next?
Options include:
• Refiling with corrected evidence
• Appealing to the Administrative Appeals Office (AAO)
• Filing a new PERM if job requirements have changed
• Strengthening ability-to-pay documentation
Most employers choose to refile rather than appeal, as appeals are slow and often unnecessary.
Delays in the Visa Bulletin
Even after an I-140 approval, applicants may wait months or years for their priority date to become current, depending on their country of changeability.
This affects:
When they can file for a Green Card (I-485 or DS-260)
When they can obtain work or travel permits (AOS)
Overall timeline to permanent residency
During long waits, a worker may continue in:
H-1B status
L-1 status
Other applicable nonimmigrant categories
Common PERM risks and outcomes
The PERM process includes several scenarios that applicants often worry about. Below are the most common “what if” situations, explained in practical terms.
What happens if a qualified U.S. worker applies?
If even one U.S. worker applies during recruitment and:
• Meets the minimum requirements
• Is ready, willing and able to accept the job
then the employer cannot move forward with the PERM for that position.
This outcome cannot be appealed or reversed.
It is the core mechanism of the labor market test.
When sponsoring multiple workers for the same job:
• Each U.S. applicant eliminates one of the available slots.
What happens if the employer recently conducted layoffs?
Layoffs can affect a PERM case, but they do not block every part of the process equally. The restriction applies specifically to the PERM recruitment and PERM filing, not to all preliminary steps.
When an employer has laid off workers:
• In the same occupation
• In a 50% similar occupation
• Within a defined timeframe (commonly considered a six-month window)
The employer cannot begin PERM recruitment for that role until the cooling-off period has passed, unless the company offers the position to recently laid-off workers first, and if they accept, the PERM recruitment stops once all spots are filled.
❌ You cannot start these steps during the layoff window:
• PERM recruitment
• Filing the ETA-9089 PERM application
These two steps require that no recent layoffs occurred in the same or related occupation, or the company must offer the position to recently laid-off workers first.
✔ You can still proceed with these steps:
1. Drafting and defining the job description and requirements.
Internal preparation and strategy continue normally.
2. Requesting the Prevailing Wage Determination (PWD).
You may submit the PWD even if layoffs occurred.
3. Filing the I-140 (but only AFTER PERM is approved)
Layoffs do not impact the I-140 stage itself.
Once the cooling-off period has passed (commonly six months), the employer may:
• Begin PERM recruitment
• Proceed toward PERM filing
• Continue the case normally
If layoffs occurred in a different department, eligibility depends on occupational similarity under DOL guidelines.
What happens if multiple employees need sponsorship for the same role?
Employers may recruit for multiple identical positions using a single PERM recruitment process.
However, each qualified and willing U.S. worker who applies during recruitment reduces the number of positions that may proceed to PERM certification.
For example:
If an employer seeks to sponsor ten workers for the same role and four qualified U.S. applicants apply, the employer may continue with six PERM applications. The remaining positions cannot proceed because a qualified U.S. worker was available for those openings.
This framework ensures consistency with the labor market test while still allowing employers to fill genuine workforce shortages.
What happens if the job description looks “tailored” or unusual?
If the job description includes requirements that are atypical for the occupation, are not supported by business necessity, or appear customized to a specific individual—such as highly specific combinations of skills, tools, or experience without clear justification—the Department of Labor may view the role as noncompliant with PERM regulations.
Possible outcomes include:
• Additional scrutiny or an audit request
• Assignment of a higher prevailing wage based on how the duties are interpreted
• Denial of the PERM application if the requirements cannot be justified under industry standards
Strong PERM filings ensure the job duties and minimum requirements reflect genuine business needs, align with occupational norms, and do not inadvertently restrict the pool of qualified U.S. workers.
By navigating the process carefully—and aligning employer strategy with regulatory requirements—PERM becomes not just a labor certification, but the first major step toward permanent residence and professional growth in the U.S.
