Every job offer tells a story. But in U.S. immigration, not every story moves forward without proof.
Before certain workers in Coral Springs can accept a permanent position and begin the green card process, the U.S. government wants one answer: Was a qualified U.S. worker available for the role?
PERM Labor Certification is how that answer gets documented. It’s a formal process run by the Department of Labor that tests the job market, sets the required wage, and reviews an employer’s hiring efforts before a foreign national can be sponsored for permanent residency. In 2023, the Department of Labor certified over 102,000 PERM applications nationwide, which shows how prominent this step is.
But acquiring a permanent labor certification is not simple. Knowing the steps (and where problems typically occur) helps both employers and workers navigate the process with fewer surprises.
Here’s what we’ll cover:
- What PERM Labor Certification is and why it exists
- Key steps in the PERM process
- Eligibility requirements for employers and workers
- How PERM connects to employment-based green cards
- How the process works from recruitment to certification
- Who needs PERM and who is exempt
- Common challenges and how to avoid them
- How specialized and strategic legal help can make the difference
What Is PERM Labor Certification?
PERM, short for Program Electronic Review Management, is the system the U.S. Department of Labor uses to process labor certification applications.
For many employment-based green card categories, it’s the first required step. The goal is to confirm that hiring a foreign worker will not displace or undercut qualified U.S. workers in similar jobs.
Before an employer in Coral Springs (or anywhere in the country) can offer a permanent position to a foreign national, they must prove there are no able, willing, and qualified U.S. workers available. This process is called testing the labor market.
Key Steps in the PERM Labor Certification Process
The PERM process is highly structured, with each step designed to protect U.S. workers while allowing employers to fill roles when no qualified candidates are available.
Every stage of the permanent employment certification process has its own timeline, requirements, and documentation standards. Errors can lead to costly delays.
1. Prevailing Wage Determination
The employer requests a wage determination from the Department of Labor.
This sets the minimum acceptable salary for the position based on job duties and the location of the role. Offering less than this wage will result in a denial.
2. Recruitment and Advertising
The job must be advertised through specific channels, such as newspaper ads, online postings, and the state workforce agency.
This means U.S. workers have a fair chance to apply. Every recruitment effort must be documented in detail.
3. Application Filing
If no qualified U.S. applicants are found, the employer files ETA Form 9089 with the Department of Labor.
This application outlines the recruitment process, the job requirements, and the foreign national’s qualifications.
4. DOL Review and Possible Audit
The Department of Labor reviews the application. They may certify it, request additional evidence, or conduct an audit for further verification.
Audits require more documentation and extend processing times.
5. Certified Labor Certification Application and Next Steps
If certified, the employer can move forward with filing the immigrant petition and starting the green card process.
At this stage, PERM approval becomes the foundation for the worker’s permanent residency case.
Eligibility for PERM Labor Certification
PERM certification is not required for every employment-based immigrant. It applies mainly to jobs that are permanent, full-time, and not seasonal or temporary. Most professional and skilled worker positions fall into this category, along with some unskilled roles.
Certain workers are exempt from PERM requirements. These include applicants in the EB-1 category (such as individuals of extraordinary ability or multinational executives) and some positions in higher education or research.
Employer Requirements
The sponsoring employer must:
- Have a genuine, permanent job offer for the foreign worker
- Demonstrate the ability to pay the prevailing wage set by the Department of Labor
Worker Requirements
The foreign national must:
- Meet the job’s education and experience requirements at the time the application is filed
- Provide documentation to verify these qualifications
These eligibility standards apply across industries, from healthcare facilities seeking experienced nurses to tech companies hiring specialized engineers to college and university teachers. Both the employer and worker must meet the criteria before starting the PERM process to avoid costly delays later.
PERM and Employment-Based Green Cards
For many foreign nationals, PERM labor certification is the first step toward obtaining a U.S. green card through employment.
It is most often required for EB-2 (advanced degree professionals and individuals with exceptional ability) and EB-3 (skilled workers, professionals, and certain unskilled workers) categories.
Once the Department of Labor certifies a PERM application, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).This petition moves the case into the green card process and secures the worker’s priority date: the place in line for a visa number.
How PERM Labor Certification Works
The PERM process follows a strict structure to protect the interests of U.S. workers while giving employers access to qualified foreign talent when needed. Knowing each stage (and the rules attached) helps both employers and foreign nationals prepare.
Labor Market Testing and Recruitment
Labor market testing is the core of PERM. Employers must follow specific recruitment steps to confirm there are no qualified U.S. workers available for the position.
This generally includes:
- Two Sunday advertisements in a major local newspaper
- State workforce agency posting
- Internal job posting at the company
- Additional outreach, such as job fairs, online job boards, or trade journals, depending on the position
Detailed records of every recruitment effort must be kept. If a qualified U.S. worker applies and meets the stated requirements, the employer cannot move forward with sponsoring the foreign national for that role.
Application Submission and Review
If recruitment produces no qualified U.S. applicants, the employer files ETA Form 9089 with the Department of Labor. This form details the recruitment steps, job description, requirements, and information about the foreign national.
The Department of Labor will review the application and may:
- Approve it
- Request additional information
- Place it into audit, which requires more documentation and extends the timeline
Typical Processing Times
PERM processing times vary based on workload and case complexity.
- Standard cases take about six to twelve months, but can vary.
- Cases with audits or prevailing wage issues impact processing times, but can also vary.
Government backlogs or policy changes can further affect timelines. Employers and applicants can track case progress using the Department of Labor’s online case status portal.
Who Needs PERM Labor Certification
Not every employment-based green card case requires PERM. For those that do, knowing early on can save time and prevent delays.
Employment-Based Immigrants and Families
Many professionals, skilled workers, and certain unskilled workers need PERM as the first stage before applying for permanent residency.
Once the primary worker’s green card is approved, their spouse and unmarried children under 21 can usually receive derivative green cards.
Local Industries and Job Roles
Industries that frequently use PERM include:
- Healthcare: Hospitals and clinics sponsoring nurses, therapists, and medical technologists
- Technology: Software developers, network engineers, and IT specialists
- Hospitality: Hotel managers, chefs, and specialized service staff
- Construction and skilled trades: Roles with ongoing local labor shortages
Who Is Exempt
Some workers are exempt from PERM requirements, such as:
- EB-1 category applicants (individuals of extraordinary ability, outstanding professors or researchers, multinational managers/executives)
- Certain EB-2 applicants using a National Interest Waiver
- Some positions in higher education and research
Common Challenges in the PERM Process
PERM certification is strict and detail-oriented. Mistakes or misunderstandings can cause delays or denials. Being aware of common issues can prevent setbacks.
Prevailing Wage Issues
Setting the right wage is crucial. The Department of Labor assesses local salaries for each position, and the employer must offer at least the prevailing wage. If the wage level is set too low or documentation is lacking, the application can be denied or delayed.
Recruitment Documentation Requirements
Every stage of recruitment must have detailed records, including copies of advertisements, resumes received, and notes about reasons for not hiring U.S. applicants. Failing to meet these demands increases the risk of audit or denial.
Addressing Audits or Denials
Audits can be random or triggered by specific factors in the application. Responding accurately and quickly is essential. If a case is denied, it is possible to appeal, but that process adds time and complexity. Employers and workers should keep open communication and consider professional guidance if obstacles arise.
Common Challenges in the PERM Process
PERM certification is a highly detailed process with strict rules. Even small mistakes can cause delays, trigger audits, or lead to outright denials.
Knowing the most common challenges and how to address them prevents costly setbacks.
Prevailing Wage Issues
The prevailing wage determination sets the minimum salary the employer must offer for the role. The Department of Labor calculates this based on job duties, skill level, and the local market.
If the wage is set below the required level or not supported by proper documentation, the PERM application will be delayed or denied. Employers should:
- Request the prevailing wage determination early to avoid timing issues
- Budget for the approved wage level before recruitment begins
- Keep a clear record of the wage determination and how it was applied
Recruitment Documentation Requirements
Every recruitment step must be fully documented to prove compliance with Department of Labor rules. This includes:
- Copies of all job advertisements (print and online)
- Proof of posting with the state workforce agency
- Records of applicants who applied, including résumés
- Written notes explaining why U.S. applicants were not hired
Failing to maintain this documentation can lead to an audit or denial.
Addressing Audits or Denials
Audits may be random or triggered by something in the application, such as unusually high job requirements or vague recruitment results. An audit will require the employer to submit additional evidence, which can add several months to the process.
If a PERM case is denied, the employer can appeal the decision, but this extends the timeline and may require legal assistance. Best practices include:
- Responding to audit notices promptly and completely
- Keeping all recruitment and wage documentation ready in case of review
- Consulting with an immigration attorney early to identify potential red flags
By anticipating these challenges, Coral Springs employers and foreign workers can keep the PERM process moving and reduce the risk of long delays.
How Specialized Legal Help Can Make the Difference
The PERM process may seem straightforward on paper, but in practice, it involves strict timelines, technical filings, and zero room for error. Anexperienced immigration attorney can:
- Assess eligibility early to confirm that PERM is required for the role and that both employer and worker meet all requirements
- Guide recruitment strategy to ensure all advertising and documentation meet Department of Labor standards
- Manage deadlines for prevailing wage determinations, recruitment periods, and application filings
- Prepare for audits by organizing records in advance and crafting clear, compliant responses
- Advise on next steps once PERM is certified, including filing the I-140 petition and navigating green card backlogs
For employers in Coral Springs, legal guidance means fewer delays and stronger compliance. For foreign nationals, it can mean the difference between a stalled application and a clear path to permanent residency.
The First Step Toward Your Future
Every immigration journey begins with a choice: to act, to prepare, and to align your goals with the right strategy. PERM is a gateway to building a stable future in a place where your skills and ambitions are valued.
If you’re ready to take that first step, 360 Immigration Law is here to guide you. We understand the nuances of PERM and how to navigate its demands in Coral Springs’ diverse job market.
Schedule a consultation and move forward with confidence.Contact us today!