PERM Labor Certification

DOL determines the minimum salary for your position based on job title, duties, requirements, and location.

Wage levels range from 1-4. Higher levels mean higher salaries but also fewer US workers who qualify. Most PERM applications use level 2 or 3.

Your employer commits to paying the prevailing wage when you get the green card, not immediately.

Your employer posts the job through several channels:

• • State workforce agency: at least 30 days
• • Internal posting: at least 10 business days
• • Two newspaper ads (Sunday editions for professional positions)
• • Three additional methods for professional positions

After recruitment, there's a mandatory 30-day quiet period before filing.

Your employer files Form ETA-9089. DOL reviews it and either approves, denies, or selects for audit.

The review is largely automated. Standard cases often go through without issues. Red flags trigger audits.

Audits

DOL audits 20-30% of cases. Some are random. Some are triggered by:

• •Job requirements that seem tailored to a specific person
• •Foreign language requirements without clear business need
• •Travel requirements to specific countries
• •Unusual skill combinations for the job title

After approval

The certification is valid for 180 days. Your employer must file I-140 within that window.

Your priority date is the day DOL received the PERM application, not the approval date.

If PERM is denied, you can appeal or refile with adjustments. Refiling means a new priority date.

Rules

• Cost: Your employer pays for PERM. You cannot pay any part of it.
• H-1B extensions: Once PERM has been pending for 365+ days, you can extend H-1B beyond 6 years in 1-year increments.
• Job changes: Changing employers during PERM means starting over with a new filing and new priority date.

If a US worker applies

If a qualified US worker applies during recruitment and your employer cannot reject them for a lawful reason, the PERM fails. Your employer either hires that person or cancels the PERM.

This is why job requirements matter. Requirements that are too narrow get flagged as tailored. Requirements that are too broad mean more qualified applicants.