If you’re an employer looking to sponsor a foreign worker for a green card, the first major hurdle is obtaining PERM Labor Certification. This crucial step in the employment-based immigration process is handled by the U.S. Department of Labor (DOL) and ensures that hiring a foreign worker won’t negatively impact U.S. workers. Here’s a step-by-step breakdown of what the PERM process involves, how long it takes, and how to avoid common mistakes.

Step 1: Determine the Job Requirements

Before filing, the employer must outline the job’s duties, minimum education, experience, and skill requirements. These must reflect what’s typically required in the industry—not tailored for a specific foreign worker. This step helps avoid DOL audits that can delay the PERM processing time.

Step 2: Request a Prevailing Wage Determination

The employer must submit a request to the DOL to determine the prevailing wage—the average wage paid to workers in a similar role and location. This sets the required minimum salary the foreign worker must be paid. It can take 4 to 6 months to receive a determination, so plan ahead.

Step 3: Conduct Recruitment Efforts

To prove that no qualified U.S. workers are available, the employer must conduct specific recruitment steps:

• Run two Sunday ads in a local newspaper

• Post a job order with the state workforce agency

• Advertise in three additional channels (e.g., job boards, radio, campus recruiting)

Recruitment must last 30 days, followed by a 30-day quiet period before the PERM can be filed.

Step 4: Evaluate U.S. Applicants

If any U.S. applicants respond, the employer must review and fairly evaluate each candidate. Only if none meet the minimum qualifications can the employer proceed to file the PERM application.

Step 5: File ETA Form 9089

Once recruitment is complete and no qualified U.S. worker is found, the employer submits ETA Form 9089 electronically to the DOL. If selected for audit, the case may be delayed by several months.

Step 6: Wait for PERM Approval

Current PERM processing times vary, but most applications take 6 to 9 months, and audits can extend this to over a year. Once approved, the employer can move on to filing an I-140 Immigrant Petition with USCIS.

Common Mistakes to Avoid

• Inaccurate job descriptions or inflated requirements

• Insufficient documentation during recruitment

• Failing to keep audit files for at least five years

• Starting recruitment before receiving a prevailing wage determination

Need Help Navigating the PERM Process?

💬 Because of its complexity and the high stakes involved, it’s wise to work with an experienced immigration lawyer. At Fong Ilagan, we help employers nationwide—including those in Houston, Texas—successfully sponsor foreign workers for green cards.

📞 Call us at (713) 772-2300