What is the PERM Labor Certification?

It also assesses whether employing a foreign worker would negatively impact the wages and working conditions of U.S. employees.

Before an employer can sponsor a foreign worker for an employment-based visa (such as EB-2), they must first obtain a PERM certification from the DOL. Once the certification is received, the employer can then file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). While reviewing this petition, USCIS considers two key factors:

1. Whether the job position described in the application matches the position reviewed by the DOL.
2. Whether the foreign worker meets the qualifications for the position.

However, before submitting Form I-140, the employer must first complete the PERM application process with the DOL.

PERM Application Process

Basic Requirements

To apply for labor certification, the employer must meet the following conditions:

• The job position must be publicly advertised to U.S. workers.
• The offered wage must be equal to or higher than the prevailing wage for similar jobs in that industry.
• The employer must be financially capable of placing the foreign worker on payroll as soon as they arrive in the U.S.
• Any U.S. workers who applied for the position must have been rejected based on lawful reasons.
• The offered wage cannot be solely based on bonuses, commissions, or other incentives.
• The employer must have the financial ability to pay the foreign worker’s salary.
• The job posting must not include any discriminatory criteria related to age, gender, religion, race, ethnicity, color, nationality, disability, or citizenship status.
• The job must not be vacant due to a strike or labor dispute.
• The working conditions and employment terms must comply with federal, state, and local laws.
• The job must be a full-time and permanent position.

Pre-Application Recruitment Process

If the job position requires at least a bachelor’s degree or equivalent experience, the employer must complete the following recruitment steps:

1. Post a job listing with the State Workforce Agency (SWA) for at least 30 days.
2. Publish job advertisements in a major newspaper on two separate Sundays.
3. Complete three additional recruitment activities from the following list:
   • Advertise on TV or radio
   • Post in local newspapers
   • List the job opening on the company’s website
   • Participate in job fairs
   • Conduct on-campus recruiting at universities
   • Advertise through professional organizations
   • Use recruitment agencies
   • Post on job search websites like Indeed or Monster
   • Consider employee referrals
   • Partner with university career services

If the position does not require higher education or professional experience, the employer is only required to:

1. Post a job listing with the State Workforce Agency (SWA).
2. Publish two advertisements in a newspaper.

All recruitment efforts must be conducted within the six months before filing and must be completed at least 30 days before submission.

The employer must notify current employees in advance of the PERM application. This notification should be sent to the union representative, if applicable. If no union exists, the notice must be shared directly with the employees at the workplace.