PERM labor certification is the Department of Labor process that confirms there are no qualified U.S. workers available for a specific permanent role and that hiring a foreign national will not adversely affect U.S. wages or working conditions. PERM is the first stage of most employer sponsored EB-2 and EB-3 green card cases. Chary Law manages PERM end to end for employers, including prevailing wage strategy, recruitment compliance, and ETA 9089 filing.
PERM begins with a Prevailing Wage Determination from the Department of Labor’s National Prevailing Wage Center, which sets the minimum wage the employer must offer. The employer then conducts a strict recruitment campaign, evaluates U.S. applicants in good faith, and files ETA Form 9089 to certify the position.
Audits, supervised recruitment, and denials are real risks. Tight documentation and clean recruitment workflows reduce these risks substantially.
After the Prevailing Wage Determination is issued, the employer runs a structured recruitment campaign that includes job orders, newspaper advertisements (for professional occupations), internal posting, and three additional steps. Resumes are screened in good faith and a recruitment report is prepared.
The employer then files ETA Form 9089. If selected for audit, the employer responds with the recruitment file and supporting documentation. Approved PERMs are valid for 180 days, during which the employer must file Form I-140 with USCIS.
PERM itself does not generate spousal status. Spouses and children obtain derivative immigration benefits through the underlying I-140 immigrant petition (typically EB-2 or EB-3) and the resulting green card process.
