A Complete Guide to the PERM Process for US Businesses

If your business is thinking about sponsoring a foreign worker for permanent employment in the United States, you must first understand the PERM process. The PERM process is the first major step employers must complete before a worker can apply for an employment-based green card. This process is detailed, time-sensitive, and highly regulated, so knowing how it works is key to helping your business stay compliant and avoid unnecessary delays.

In this guide, we’ll walk you through the fundamentals so your business is prepared to start the PERM process.

What the PERM Process Involves

The PERM process stands for “Program Electronic Review Management,” which is the online system used for the Permanent Labor Certification process. This process, overseen by the US Department of Labor, is required for most employment-based green cards, as it’s necessary to prove that hiring a foreign worker won’t take a job opportunity away from a qualified US worker.

PERM is the first step in the green card sponsorship journey. After the Department of Labor approves the PERM application, employers can move forward with the immigrant petition and later steps in the employee’s green card process.

Why PERM Matters for US Businesses

The PERM process ensures that US employers follow fair hiring standards when recruiting and sponsoring foreign workers. It also protects the pay and working conditions of US employees. 

PERM creates a structured pathway for employers to bring long-term talent into the workforce. When done correctly, it allows workers to fill permanent roles with reliable, experienced workers who want to build their careers in the US. 

Key Stages of the PERM Process

There are several stages of the PERM process. Here’s a quick overview of each so you know what to expect. 

Determining Job Requirements

PERM starts with defining the job. Employers must list the minimum skills, experience, and education required for the role. These requirements must be accurate and realistic, as they’re closely reviewed by the Department of Labor. All job requirements must match all later details in the recruitment and application steps.

Prevailing Wage Determination

After determining job requirements, employers must request a prevailing wage determination from the Department of Labor. The prevailing wage is the minimum salary the employer must offer for the job. This value is based on job duties, location, and industry standards. Employers can’t move forward with recruitment until they receive this wage determination.

Worker Recruitment

Recruitment is one of the most important steps of the PERM process. Employers must show they made a genuine effort to find qualified US workers before sponsoring a foreign national.

The recruitment process usually includes:

• Placing job ads in required publications

• Posting the job with the state workforce agency

• Posting a notice of the job opening at their place of business

• Using additional recruitment methods for professional roles

Employers must follow strict timelines, documentation, and review processes in good faith. If a US worker applies, and is qualified, willing, and able to perform the job, they must be hired for the position, and the PERM process would end at this step, as the position will have been filled. 

Filing ETA Form 9089

Once recruitment is complete and no qualified US workers are found, the employer can file ETA Form 9089. This form includes job details, recruitment results, wage information, and worker qualifications.

The US Department of Labor reviews the form and may approve, deny, or audit the case for more information. Approval means the employer can move forward to the next step of the green card process.

Employer Responsibilities During the PERM Process

Employers must remain accurate and consistent at every stage of PERM. Best practices include:

• Keeping detailed recruitment records

• Using good-faith hiring practices

• Offering the required prevailing wage

• Responding quickly to audits

• Maintaining documentation for several years

Even small errors can result in delays or denials, so review all information carefully.

Common Challenges Faced During PERM

Even well-prepared employers can face challenges during PERM, such as:

• Delays in prevailing wage decisions

• Inconsistencies between internal job requirements and recruiting ads

• Time-sensitive recruitment roles

• Audits that add months to the timeline

Because PERM is so technical, many employers work with an immigration attorney to reduce risk and keep the process on track. Even with no complications, the full process can take approximately a year to complete. However, audits or wage delays can greatly extend this timeline.

PERM vs. Other Employment Sponsorship Paths

PERM is required for most permanent employment-based green cards, but some immigration paths don’t require PERM at all. H-2B and H-2A visas can support temporary or seasonal needs for those looking for shorter-term staffing options. PERM is only suitable for long-term staffing and permanent roles. 

Choose the pathway that best matches your business goals. If a role needs stability and long-term planning, the PERM process is likely the best option.

How an Immigration Attorney Helps With the PERM Process

An experienced immigration attorney can guide you through every step of the PERM process. This professional legal support includes:

• Drafting accurate job requirements

• Managing the recruitment timeline

• Preparing and reviewing advertisements

• Ensuring compliance with Department of Labor rules

• Responding to audits and preventing costly mistakes

Legal guidance helps employers protect their company while making the sponsorship process smoother and more manageable.

Final Thoughts: Get PERM Assistance With Youngblood & Associates

The PERM process is key in helping US businesses hire foreign workers for permanent positions. Though complex, it opens the door to long-term talent that can support your business’s growth.

If your business is ready to start the PERM process or explore sponsorship options, our team of immigration experts is here to help. Contact us today to learn how we can guide you through every step with confidence.