What Is PERM Labor Certification? EB-3 Steps and Costs
PERM is filed by the employer, who must pay all its costs by law. The PERM filing date becomes your priority date; the employer then files the I-140.
Short answer: PERM (labor certification) is the first step in most EB-3 cases. The U.S. employer asks the Department of Labor (DOL) to confirm that it recruited under the rules and found no qualified U.S. worker. By law, the employer must pay all PERM costs, including attorney and advertising fees, and may not charge the worker. The PERM filing date (Form ETA-9089) becomes your priority date.
Who files PERM?
The U.S. employer files it; a foreign worker cannot file on their own. The employer must complete recruitment and show that the permanent full-time job cannot be filled by a qualified U.S. worker at the required wage. We help you understand the process and assess the job; the PERM and I-140 are filed by the employer and the U.S. immigration attorney it hires.
What are the four PERM steps?
- 1. Prevailing wage determination (Form ETA-9141): DOL sets the minimum wage for the job
- 2. Recruitment: required ads and job postings; the recruitment stage generally takes roughly 60 days or more
- 3. Filing Form ETA-9089: after recruitment, the employer files with DOL; this filing date is the priority date
- 4. Review or audit: DOL reviews the case and may issue an audit asking for recruitment records
Processing times change. DOL publishes current prevailing wage and PERM processing times at flag.dol.gov (see "Processing Times"), so rely on that page.
Does the I-140 come after PERM?
Generally yes. After PERM is certified, the employer files the I-140 for the worker. A denial or repeated recruitment lengthens the timeline. For the full roadmap, see the PERM-to-green-card process and the step-by-step labor certification guide.
How are PERM and the Visa Bulletin related?
| Item | PERM | Visa Bulletin |
|---|---|---|
| Agency | Department of Labor | Department of State |
| Core question | Recruitment and labor market test | Whether numbers are available for your country |
| Link to the other | Filing date becomes the priority date | Priority date is compared with the final action date |
They are different steps, but they are connected: the PERM filing date is your priority date, and you then wait for it to be reached in the Visa Bulletin. In the October 2026 bulletin, the EB-3 Other Workers final action date was 1 January 2022 for most countries, including Taiwan, Hong Kong and Macau. See the Visa Bulletin guide.
Can anyone skip PERM?
Schedule A occupations (such as registered nurses and physical therapists) are pre-certified by DOL, so the employer files the I-140 directly without PERM recruitment. Other Workers jobs are not on Schedule A and need PERM first.
Last updated: 30 October 2026
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Frequently asked questions
How long does PERM take?
It varies. Check DOL's current processing times at flag.dol.gov; the recruitment stage alone generally takes roughly 60 days or more.
What if PERM is denied?
The employer and its attorney can evaluate refiling or requesting review. It usually adds time to the overall case.
Who pays for PERM?
By law the employer pays all PERM costs, and the worker may not be charged. If someone asks you to pay PERM costs, stop and verify.
How soon after PERM approval can the I-140 be filed?
The employer generally files within the certification's validity period. Confirm exact deadlines with the employer's attorney.
Can a worker apply for PERM alone?
No. The employer files PERM.
Official sources
General information only, not legal advice. Immigration rules and the Visa Bulletin change; check the official sources above before you decide. Petitions are prepared and filed by the sponsoring employer’s licensed U.S. immigration attorney.