PERM/140

1. What is PERM?

PERM stands for Program Electronic Review Management. It is the process that U.S. employers must use to obtain
labor certification from the U.S. Department of Labor before sponsoring a foreign worker for a green card.

In most employment-based green card cases (such as EB-2 and EB-3), PERM is the first major step. It is designed to
show that:

• There are not enough qualified, willing, and available U.S. workers for the job; and
• Hiring the foreign worker will not negatively affect the wages and working conditions of U.S. workers.

2. What is Form I-140?

Form I-140 is the Immigrant Petition for Alien Worker. After PERM is approved, the employer files the I-140 with U.S. Citizenship and Immigration Services (USCIS) to:

• Confirm that the foreign worker meets the job and visa category requirements; and
• Show that the employer has the ability to pay the offered wage.

In most EB-2 and EB-3 cases, PERM and I-140 work together: PERM proves there is no qualified U.S. worker for the job,
and I-140 asks USCIS to approve the foreign worker for permanent employment in that job.

3. The Basic PERM Process

The PERM process has several key steps. In most cases, the employer is responsible for each of these:

(1) Prevailing Wage Determination

The employer first requests a prevailing wage from the Department of Labor. This is the minimum salary that must be
offered for the job, based on the job duties, location, and required skills.

(2) Recruitment

The employer must test the U.S. labor market by running required job advertisements and postings. This often includes newspaper ads, online postings, internal notices, and other recruitment steps. The goal is to see if there are any qualified U.S. workers who are willing and available for the position.

(3) Recruitment Report and File Documentation

After recruitment ends, the employer reviews all applications, interviews candidates when appropriate, and prepares a
recruitment report explaining why no able, willing, qualified, and available U.S. worker was hired for the job. The employer must keep detailed records in case of an audit.

(4) Filing ETA Form 9089

Once recruitment is complete and properly documented, the employer files ETA Form 9089 electronically through the PERM system. This form includes the job duties, minimum requirements, wage, recruitment steps, and information about the foreign worker.

(5) Review and Decision

The Department of Labor reviews the PERM application. The case may be:

• Certified (approved),
• Denied, or
• Audited (DOL asks for more documents before making a decision).

Once PERM is certified, the employer can move to the next step and file the Form I-140 for the worker.