The PERM Labor Certification: A Key Step in the EB-3 Visa Process

If you're considering the EB-3 visa as your pathway to working and living in the U.S., understanding the PERM Labor Certification is crucial. This process is a mandatory step for employment-based green cards, ensuring that hiring a foreign worker will not negatively impact the U.S. job market.

In this guide, we’ll cover what PERM Labor Certification is, why it’s important, the steps involved, processing timelines, and potential delays. By the end, you’ll have a clear understanding of how this certification fits into your EB-3 journey.

What is PERM Labor Certification?

PERM stands for Program Electronic Review Management, an electronic system managed by the U.S. Department of Labor (DOL). It is designed to determine whether there are qualified U.S. workers available for the job being offered to a foreign applicant.

The employer must submit Form ETA 9089, which proves that hiring a foreign worker is necessary because there are no willing, qualified, and available U.S. workers for the role.

Only after the PERM certification is approved can the employer proceed with filing an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS).

Why is PERM Certification Important for EB-3 Visa Applicants?

For anyone applying under the EB-3 (Employment-Based Third Preference) category, PERM Labor Certification serves as proof of labor market demand. Without this approval, the EB-3 visa process cannot move forward.

The certification establishes that:

1. The employer has made a genuine effort to hire U.S. workers.

2. The offered wage meets prevailing wage requirements set by the DOL.

3. The hiring of a foreign worker will not negatively impact U.S. employees’ wages and working conditions.

Understanding this step is essential because any delays or denials at this stage can significantly impact the overall EB-3 process.

Steps to Obtain PERM Labor Certification

The PERM process involves multiple steps, each with its own timeline and requirements. Here’s a breakdown:

Step 1: Prevailing Wage Determination (PWD)

Before filing for PERM, the employer must request a Prevailing Wage Determination (PWD) from the DOL. This process ensures that the foreign worker will be paid a wage that aligns with industry standards in the job location.

• Processing Time: Typically 6–12 months due to recent backlogs.

Step 2: Recruitment Process

The employer must actively search for U.S. workers before filing the PERM application. This involves:

• Posting job advertisements in newspapers, state workforce agencies, and online job boards.

• Conducting interviews and documenting efforts to recruit U.S. workers.

• Ensuring fair recruitment practices and keeping records of all efforts.

• Processing Time: 2–3 months (can be longer if applicants are interviewed).

Step 3: Filing ETA 9089 (PERM Application Submission)

Once recruitment efforts are completed and no qualified U.S. worker is found, the employer can submit Form ETA 9089 electronically.

• Processing Time: Currently 12–18 months, depending on backlogs.

Step 4: PERM Approval or Audit

After submission, the PERM application can result in:

• Approval: The application is certified, and the employer can proceed with the I-140 petition.

• Audit Request: If selected for audit, additional documentation may be required, adding 2–7 months to the process.

• Denial: If denied, the employer can file a request for reconsideration or start over.

How Long Does PERM Labor Certification Take?

The average timeline for PERM processing has increased over the years due to growing application volumes and administrative backlogs. Here’s an estimate based on recent trends:

These estimates can vary based on policy changes, employer response times, and workload at the DOL.

Common Challenges & Delays in the PERM Process

Several factors can delay or complicate the PERM Labor Certification process:

• Audits: The DOL randomly selects applications for audits, which can extend processing time by months.

• Incomplete Documentation: Missing employer recruitment records can result in application denial.

• Prevailing Wage Disputes: If the wage determination is challenged, delays may occur.

• High Application Volume: Increased labor certification applications can create longer processing queues.

To minimize delays, it’s crucial to follow all guidelines carefully and work with an experienced legal team.

Since June 2023, applicants can track the status of their ETA 9089 application using a 30-digit case number on the DOL’s official portal. For applications submitted before this date, status updates must be obtained from the sponsoring employer or attorney.

The PERM Labor Certification is a fundamental step in the EB-3 visa process, ensuring compliance with U.S. labor market regulations. While the process can be lengthy, understanding each step helps manage expectations and avoid unnecessary delays.

To increase your chances of a smooth EB-3 application, it’s advisable to:

• Start the PERM process as early as possible.

• Ensure that your employer follows recruitment and wage requirements properly.

• Stay informed about processing times and updates.

At Pine Visa, we specialize in guiding applicants through the EB-3 process. If you’re considering an employment-based green card, schedule a consultation today to get expert assistance on your journey to the U.S.

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