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PERM Labor Certification

PERM labor certification for US green cards: DOL suspensions of employers, pending reform, H-1B extension timing, travel risks and recruitment rules.

8 articles tagged PERM

Articles tagged “PERM”

How PERM labor certification works

PERM is the labor certification process run by the US Department of Labor through its Office of Foreign Labor Certification. Most employment-based green cards in the EB-2 and EB-3 categories require it. The employer, not the worker, is the applicant and must cover the costs of the process.

The employer first obtains a prevailing wage determination, then tests the US labor market through mandatory recruitment steps before filing Form ETA-9089. Once certified, the labor certification supports Form I-140, which the employer files with USCIS, and the PERM filing date usually becomes the worker's priority date. A denial can be challenged through a request for reconsideration or an appeal to the Board of Alien Labor Certification Appeals (BALCA).

PERM is often confused with the H-1B petition, but the two are separate: H-1B is a temporary work status, while PERM is the first step toward permanent residence. Under AC21, an H-1B worker with a timely filed PERM case can extend status beyond the usual six-year limit. Employers that violate PERM rules can be debarred by the Department of Labor from filing new cases for a set period.