PERM
PERM is not a visa. It is the Department of Labor permanent labor certification most employers need before sponsoring a worker for an EB-2 or EB-3 green card.
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PERM (Program Electronic Review Management) is the US Department of Labor's permanent labor certification process. It is not a visa and does not by itself grant immigration status or work authorization. In most cases, a US employer must obtain a certified PERM application from DOL before filing Form I-140 with USCIS to sponsor a foreign worker for an employment-based green card in the EB-2 or EB-3 category.
DOL certifies that there are not sufficient US workers able, willing, qualified, and available for the permanent job opportunity in the area of intended employment, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed US workers. Applications are filed on Form ETA-9089 through DOL's Foreign Labor Application Gateway (FLAG). The date DOL receives the ETA-9089 generally becomes the beneficiary's priority date for immigrant visa backlog purposes.
After certification, the employer typically has 180 days to file Form I-140 with USCIS using the approved labor certification (or Final Determination issued in FLAG). Some green card paths do not require PERM — including EB-1 and the EB-2 National Interest Waiver — but standard employer-sponsored EB-2 and EB-3 cases do. For current processing times, see DOL's FLAG processing times page rather than relying on a fixed estimate.
Official references: DOL Permanent Labor Certification, FLAG PERM program, FLAG processing times, USCIS Policy Manual — Permanent Labor Certification, USCIS EB-2, and USCIS EB-3.
Who is it for?
PERM is primarily an employer process. It is for US employers that want to sponsor a foreign worker for a permanent, full-time position through EB-2 or EB-3 when a labor certification is required. The employer designs the bona fide job opportunity, obtains a prevailing wage determination, runs the required recruitment, and files ETA-9089. The foreign worker is the beneficiary: they must be able to document that they meet every minimum requirement listed for the job as of the PERM filing (priority) date.
It is also highly relevant to employees already in the US on temporary statuses such as H-1B, L-1, or O-1 whose employer is ready to start a green card sponsorship. Workers cannot file standard PERM for themselves. If you need a self-petition path without PERM, options such as EB-1A or EB-2 NIW may be a better fit — see those visa-type pages for details.
What are the requirements
Permanent full-time US job offer
The employer must have a bona fide permanent, full-time job opportunity in the US and be able to pay the offered wage.
Prevailing wage determination
Before filing PERM, the employer generally must obtain a prevailing wage determination from DOL (Form ETA-9141) for the occupation and worksite.
Good-faith recruitment
The employer must complete DOL-required recruitment and consider US applicants, rejecting them only for lawful, job-related reasons.
ETA-9089 certification, then I-140
After recruitment, the employer files Form ETA-9089. If certified, the employer generally must file Form I-140 with USCIS within 180 days.
Visa Timeline
Concord Processing Time
Premium Processing Time
Standard Processing Time
Define the permanent role, minimum requirements, wage, and worksite. File Form ETA-9141 and receive a prevailing wage determination before recruitment.
See FLAG PWD times
Run required recruitment (for most professional roles: SWA job order, ads, additional recruitment steps, and internal Notice of Filing) and evaluate US applicants in good faith.
Often 2+ months of activity
File Form ETA-9089 in FLAG if no able, willing, qualified, and available US worker was identified. DOL may certify, deny, audit, or require supervised recruitment.
See FLAG PERM times
If certified, file Form I-140 with USCIS within the certification 180-day validity period, then proceed to adjustment of status or consular processing when a visa number is available.
Within 180 days of certification
Multi-stage - check current DOL FLAG times
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