PERM Labor Certification
For EB-2 and EB-3 visa.
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
In order for a U.S. employer to hire a foreign worker, the employer must file a permanent labor certification (commonly referred to as PERM) with DOL stating that:
There are not enough U.S. workers who are able, willing, qualified, and available at the time of need; and
The employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers (PERM Labor Certification Rule, 20 CFR §656.20(a)(3).
In addition, the employer must conduct recruitment to test the labor market for unavailability of qualified and available U.S. workers in corresponding employment prior to filing a PERM Labor Certification with DOL. The recruitment period must not exceed 30 days and should include at least four distinct steps (PERM Labor Certification Rule, 20 CFR §656.20(a)(3). A job offer cannot be extended to a foreign worker until after the labor certification is approved by DOL.
Once the PERM application is submitted to DOL, it will usually take 2-3 months for DOL to complete the processing.
The PERM Labor Certification expires after 180 days, unless it is being challenged or there are requests for extension. To maintain employment authorization beyond the validity period of a permanent labor certification, an employer must file an application to extend before the expiration date. An employer may also apply for extensions of the foreign worker's employment authorization on Form I-129.