PERM is the first big stage of an EB-3 case. The employer proves to the U.S. Department of Labor that no qualified U.S. worker was available, then files an I-140 and, later, the green card application. Timing varies and nothing is guaranteed.
PERM is the name of the labor certification process run by the U.S. Department of Labor (DOL). For EB-3 Other Workers it comes first, before any petition to USCIS. In plain terms, the employer must show that it tried to hire a U.S. worker for the job, that none was available who was able, willing and qualified, and that hiring a foreign worker will not undercut U.S. wages. This guide walks through the stages in the usual order. Details can change, and your employer's attorney will tell you the exact steps for your case.
Step 1: Prevailing wage determination
The employer first asks DOL to set the prevailing wage for the job in its location. The employer must later offer at least that wage. The determination depends on the occupation and the area, so wages differ between states and cities. This step can take a number of months, and the processing time is published by DOL and changes over time.
Step 2: Recruitment
Once the wage is set, the employer must test the U.S. labor market. For non-professional jobs such as those in EB-3 Other Workers, the required steps normally include a job order with the state workforce agency, newspaper advertisements and a notice of filing posted at the workplace so that current employees can see it. The employer must review and respond to U.S. applicants in good faith. Applicants who are qualified for the job as written can prevent the case from going forward, which is why a real, accurate job description matters.
The employer is also expected to keep records of the recruitment, because DOL can ask to see them in an audit. Your role in this stage is mainly to stay reachable and to keep your own details accurate.
Step 3: The quiet period
After the last recruitment step, the employer must wait at least 30 days before filing. Recruitment also has to be completed within a limited time window before filing, so the stages are planned carefully by the attorney.
Step 4: Filing Form ETA-9089
The employer files the application for permanent employment certification, Form ETA-9089, with DOL, normally through its online system. The date this form is filed becomes your priority date once the case is approved and the I-140 is later approved. DOL may approve, audit or deny the case, and processing times vary widely, so ask the attorney for the current estimate rather than relying on a promise.
Step 5: Form I-140
With an approved labor certification, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. The employer must also show it has the ability to pay the offered wage from the filing date onward.
Step 6: The green card stage
When your priority date is earlier than the final action date for your country of birth in the Visa Bulletin, the last stage can be completed. If you live abroad, this is usually an immigrant visa interview at a U.S. consulate. If you are in the U.S. in valid status, it may be an application to adjust status. Your spouse and unmarried children under 21 follow with you.
Who does what
| Stage | Employer and its attorney | You |
|---|---|---|
| Wage, recruitment, ETA-9089 | Do and pay for everything | Remain available, provide accurate information about your background |
| I-140 | Files and shows ability to pay | Provide identity and work history documents |
| Green card stage | Confirms the job is still available | Medical exam, forms, interview, personal fees |
Under 20 CFR 656.12, the employer must pay the cost of the labor certification itself, and it may not pass these costs to you. Anyone who asks you to pay for PERM, recruitment or the attorney's labor certification work is a red flag; read who pays EB-3 costs. If you have questions about your own case, contact us or ask the employer's attorney directly.
Official sources
- U.S. Department of Labor, Office of Foreign Labor Certification: PERM
- 20 CFR Part 656, Labor Certification for Permanent Employment of Aliens
- USCIS, Form I-140, Immigrant Petition for Alien Workers
More articles
- October 2026 Visa Bulletin: what it means for EB-3 Other Workers
- EB-3 unskilled costs: what the employer pays and what you pay
- Born in Taiwan or Hong Kong? How country of birth affects your EB-3 wait
- Who qualifies for EB-3 Other Workers (unskilled) sponsorship?
- Who pays for EB-3? What the employer must cover and what you normally pay
- Real EB-3 employer or scam? How to check before you pay anything
- EB-3 unskilled jobs: typical duties, how wages are set and how to read a listing
- Can my spouse and children come too? How EB-3 family members are included
- Consular processing or adjustment of status: which route applies to EB-3 workers abroad?
- The immigrant visa medical exam and interview: what to expect and what to bring
- Living costs by state: how to think about rent, transport and food on an EB-3 wage
- Can I change jobs after the green card? The intent-to-work principle and job portability
- If your EB-3 employer withdraws or goes out of business: what happens and what to do
- English and job training for EB-3 unskilled workers: what you need and how to prepare
- Your rights as a green-card worker in the US: minimum wage, overtime, safety and where to complain
- Why EB-3 cases get delayed or refused: common reasons and what you can control
- EB-3 vs EB-2: what changes if your qualifications go up, and what happens to your priority date
- Warning signs in recruiter promises: what to question before you pay or travel
- Your first 90 days in the U.S. after arriving on an immigrant visa