The EB-3 Visa – PERM Labor Certification for Employers

Updated October 29, 2026

The EB-3 Visa Process for employers, Step by Step: Part 5 of 9

PERM labor certification is the Department of Labor’s (DOL) approval for an employer to sponsor a foreign worker for a permanent job, because local recruitment showed there aren’t enough U.S. workers available for it.

For employers, it’s the step where the prevailing wage, the recruitment results and the job details all come together in one application, Form ETA-9089.

This guide explains PERM labor certification for employers: what’s in the application, what it costs, why the filing date matters so much, what can happen after filing and how long a certified PERM stays valid.

Key facts about PERM labor certification for employers

• The employer files Form ETA-9089 with DOL. It’s filed after the prevailing wage is set and local recruitment is complete, and the employer certifies the information under penalty of perjury (DOL, Form ETA-9089 General Instructions).
• The filing date becomes the worker’s priority date. That’s the worker’s place in line for the green card.
• The employer pays the PERM costs. The law doesn’t allow the employer to pass the costs of the labor certification on to the worker (20 CFR 656.12). With EB3.work, the employer pays a flat fee of around $1,500 in total.
• DOL may ask for more documents. A request for information, often called an audit, must be answered within 30 days (20 CFR 656.20).
• A certified PERM is valid for about 6 months. The employer must file Form I-140 with USCIS within 180 calendar days of certification (20 CFR 656.30).

What is PERM labor certification?

PERM is the DOL program that decides whether an employer may sponsor a foreign worker for a permanent job.

The name stands for Program Electronic Review Management, the system DOL uses to process these applications.

PERM labor certification is DOL’s approval of the application.

Before certifying, DOL checks that the employer recruited for the job, that no able, willing, qualified and available U.S. worker applied for the sponsored openings, and that hiring a foreign worker won’t lower wages or working conditions for U.S. workers.

Each sponsored worker has their own PERM application. An employer sponsoring several workers for the same position files one application per worker, all for the same job.

What goes into the PERM application?

The PERM application, Form ETA-9089, is filed online through DOL’s FLAG system. It brings together everything from the earlier steps:

• The job details. The job title, duties, minimum requirements and worksite, matching the prevailing wage request.
• The prevailing wage determination. The wage DOL set for the job, and the wage the employer is offering, which must be at least that amount.
• The recruitment results. The dates of the state job order and the two Sunday newspaper ads, and the notice of filing.
• The employer’s information. The company’s details and its attestations about the job and the recruitment.
• The worker’s information. The sponsored worker’s details and work history, collected after the worker accepted the job offer.

The employer signs the application and certifies, under penalty of perjury, that the information is true and that it follows the PERM rules (DOL, Form ETA-9089 General Instructions).

DOL doesn’t certify incomplete applications, so getting every detail right matters.

The supporting documents, such as the ad copies and the recruitment report, aren’t sent with the application but are kept on file for 60 months (5 years) in case DOL asks for them.

How much does PERM labor certification cost the employer?

The employer pays the costs of the PERM labor certification, such as the recruitment ads and the attorney fees for the PERM.

The law doesn’t allow the employer to seek or receive payment from the worker for these costs (20 CFR 656.12).

With EB3.work, the employer pays a flat fee of around $1,500 in total.

That covers the PERM attorney fee and the required local recruitment advertising, and the amount stays the same whether the employer sponsors one worker or many.

What is the priority date, and why does it matter?

The date DOL receives the PERM application becomes the worker’s priority date, their place in line for the green card.

Because only a limited number of EB-3 visa green cards are issued each year, workers wait in line by priority date, and an earlier date means a shorter wait.

The priority date matters to the employer in two ways.

The worker can’t receive the green card until their priority date is current in the Visa Bulletin, covered in Part 7.

And the employer must be able to show it can pay the offered wage from the priority date until the worker gets the green card, covered in Part 6.

How long does PERM labor certification take?

DOL reviews PERM applications in the order it receives them, and the wait is measured in months.

PERM review is currently one of the longest steps in the process, and it comes before the I-140 and the Visa Bulletin wait.

Nothing the employer does can move an application ahead in DOL’s line, but a complete, accurate application avoids extra delays.

A request for information adds time to an individual case. For the current wait, see current PERM processing times on the EB-3 visa processing times page.

What happens after the PERM application is filed?

A PERM application ends in one of three outcomes. Here’s what each one means for the employer.

1. Certified. DOL approves the application, and the employer can move on to Form I-140.
2. Request for information (audit). DOL asks for more documents before it decides. This adds time but isn’t a denial.
3. Denied. DOL turns down the application, for example because of a missing document or a recruitment problem. The employer can ask DOL to reconsider, or start the process again with a new application.

What is a PERM request for information?

A PERM request for information (RFI) is a notice from DOL asking the employer for more information or documents before it decides the application.

DOL now uses the term RFI, but many employers still call it a PERM audit. They mean the same thing.

The notice lists exactly what DOL needs and gives the employer 30 days to respond.

DOL may grant one extension of up to 30 more days (20 CFR 656.20).

A late or incomplete response leads to a denial, and DOL can require supervised recruitment for the employer’s future PERM applications for up to 24 months (2 years).

DOL may ask for documents such as:

• The prevailing wage determination for the job.
• Proof of each recruitment step, such as the state job order and copies of the two Sunday newspaper ads.
• The notice of filing, with where and when it was posted.
• The recruitment report, the U.S. applicants’ resumes and the job-related reason each applicant wasn’t hired.
• Proof that the employer is an active business and that the job is permanent and full-time.
• Support for any job requirement that goes beyond what’s normal for the occupation.

That’s why the recruitment file from Part 3 matters. If everything is already organized, answering an RFI is mostly a matter of sending it.

How long is a certified PERM valid?

A certified PERM is valid for about 6 months.

The employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) within 180 calendar days of the date DOL granted the certification (20 CFR 656.30).

If it doesn’t, the certification expires and the PERM process starts over, including a new priority date.

The certification covers only the job, the worker and the area of intended employment on the application.

That’s another reason the job details need to stay the same from the prevailing wage request to the I-140.

Is Congress changing the PERM process?

A bill introduced in the House of Representatives on August 6, 2026, the PERM Backlog Reduction Act of 2026 (H.R. 10051), would create an optional, fee-based program to speed up the processing of permanent labor certification forms (H.R. 10051).

It was referred to the House Judiciary Committee.

It’s a proposal, not law. Until Congress passes it and DOL puts it in place, PERM applications follow the current process described in this guide.

What the employer does at this step

• Review the PERM application before it’s filed, especially the job details and your company’s information.
• Sign the application and its attestations.
• Keep the full recruitment file for 60 months (5 years) from the filing date.
• Respond quickly to any request for information, well before the 30-day deadline.
• Once the PERM is certified, sign the certified form and be ready to file Form I-140 within 180 calendar days.
• Keep the job, the wage and the worksite the same as on the application.

Frequently asked questions