Steps and Timelines to Start PERM Labor Certification with a New Employer

Starting the PERM labor certification process with a new employer in the United States 🇺🇸 can feel overwhelming, especially given the many steps, deadlines, and possible delays. This timeline guide breaks down each stage of the process, what to expect, and how to avoid common problems. By following this step-by-step overview, both employers and foreign workers can better plan for a successful outcome.

Step 1: Identifying the Job Opportunity and Setting Requirements
The first step in the PERM labor certification process is for the employer to clearly define the permanent, full-time job opportunity. This means the employer must decide on the job title, duties, and the minimum requirements for education, experience, and skills. These requirements must be based on what is truly needed for the job and must stay the same throughout the process. The U.S. Department of Labor (DOL) has strict rules about this, and all details must be carefully documented. If the employer changes the requirements later, it can cause delays or even lead to denial. Employers should keep records of how they decided on the job requirements in case the DOL asks for proof during an audit.

Step 2: Prevailing Wage Determination (PWD)
Once the job is defined, the employer must request a prevailing wage determination from the DOL’s National Prevailing Wage Center (NPWC). The prevailing wage is the minimum salary the employer must offer for the job, based on the job’s location and duties. This step is very important because offering less than the prevailing wage can result in denial of the PERM application.

• How long does it take?
  As of August 2025, the average processing time for a prevailing wage determination is about 5 months. For example, if an employer files a request in February 2025, they can expect a decision by July 2025.
• How to avoid delays:
  • Submit a complete and accurate request using the DOL’s FLAG system.
  • Double-check all job details and requirements before submitting.
  • Use the official wage data sources, but remember that an official PWD from the DOL is required before moving forward.

Employers should start this step as early as possible, since the rest of the process cannot begin until the prevailing wage determination is received.

Step 3: Recruitment Period (Testing the U.S. Labor Market)
After getting the prevailing wage determination, the employer must try to find qualified U.S. workers for the job. This is called the recruitment period, and it’s a key part of the PERM labor certification process. The goal is to show that there are no able, willing, and qualified U.S. workers available for the position.

• Recruitment must last at least 30 days but no more than 180 days before filing the PERM application.
• What does recruitment involve?
  • Posting the job in a Sunday newspaper (or the main local newspaper if there’s no Sunday edition).
  • Advertising on job websites and using other methods required for the specific job type.
  • Posting a Notice of Filing at the job site for 10 consecutive business days so current employees are aware.
  • Carefully reviewing all applications and documenting reasons for rejecting any U.S. applicants.
• How to avoid delays:
  • Keep detailed records of all recruitment steps, including copies of ads, resumes received, and interview notes.
  • Make sure all ads match the job requirements listed in the prevailing wage determination.
  • Do not skip any required recruitment steps, as missing even one can lead to denial or audit.

Step 4: Filing Form ETA 9089 (PERM Application)
If the employer does not find a qualified U.S. worker during recruitment, the next step is to file the official PERM application using Form ETA 9089. This form can be filed electronically through the DOL’s FLAG system or by mail, but electronic filing is much faster and more reliable.

• What’s included in the application?
  • Details about the job, recruitment efforts, and the foreign worker’s qualifications.
  • Proof that the employer followed all required steps and did not find a qualified U.S. worker.
• Processing time:
  As of June 2025, the DOL is processing PERM applications that were filed in February 2024. This means the average wait time is about 500 days, or roughly 16 months and 13 days.

• How to avoid delays:
  • File electronically for faster processing and easier tracking.
  • Double-check all information before submitting to avoid mistakes that could trigger an audit.
  • Respond quickly to any requests for more information from the DOL.

Step 5: Audit or Review (If Selected)
Sometimes, the DOL will select a PERM application for an audit. This means the employer must provide extra documents or answer more questions about the job, recruitment, or the foreign worker’s qualifications. Audits can add months to the process.

• Current audit situation:
  As of mid-2025, there have been no new audit processing times reported since December 2024. This could mean a pause in audits or a backlog.
• How to avoid or handle audits:
  • Keep all records organized and ready to send if requested.
  • Make sure all recruitment steps were done correctly and documented.
  • Work with an experienced immigration attorney if an audit is issued.

Step 6: PERM Certification Decision
After review, the DOL will either approve or deny the PERM labor certification.

• If approved:
  The employer receives the PERM certification, which allows them to move to the next step in the green card process (filing the I-140 petition).
• If denied:
  The employer can ask for reconsideration or appeal the decision. This can add more time and complexity.

Summary of Timelines (2025 Data)
Here’s a quick look at the average timeframes for each step:

• Prevailing Wage Determination: About 5 months
• Recruitment Period: At least 30 days, up to 180 days
• PERM Application Processing: About 16 months (500 days)
• Audit (if selected): Timing varies; no recent data available

Practical Tips for Employers and Foreign Workers
– Start early: Begin the prevailing wage determination process at least 5 months before you plan to start recruitment.
– Stay organized: Keep copies of all documents, ads, and communications.
– Monitor updates: Check the DOL’s PERM program page for the latest news and processing times.
– Use electronic filing: The FLAG system is faster and more reliable than paper filing.
– Plan for long waits: With PERM processing times over 16 months, employers and workers should plan for possible visa extensions or other temporary work options.
– Work with professionals: Many employers hire immigration attorneys to help with the process, especially for recruitment and documentation.

Potential Delays and How to Avoid Them
– Incomplete or inconsistent job requirements: Make sure the job description and requirements are clear and do not change.
– Missing recruitment steps: Follow every required step and keep proof.
– Errors in the PERM application: Double-check all details before submitting.
– Slow responses to DOL requests: Reply quickly to any requests for more information.

Case Example
Imagine a tech company in California wants to sponsor a software engineer for a green card. They start by defining the job and requesting a prevailing wage in January 2025. They receive the prevailing wage determination in June 2025 (5 months later), then begin recruitment in July. After 45 days of recruitment, they find no qualified U.S. workers and file Form ETA 9089 in September 2025. Based on current processing times, they can expect a decision around January 2027, unless an audit is issued.

Key Takeaways
– The PERM labor certification process is detailed and time-consuming, but careful planning and documentation can help avoid most delays.
– Employers must follow each step in order, keep detailed records, and stay updated on DOL policies.
– According to analysis by VisaVerge.com, starting early and using electronic filing are the best ways to manage the long timelines and reduce stress for both employers and foreign workers.

By understanding each stage, expected timelines, and how to avoid common mistakes, employers and foreign workers can move through the PERM labor certification process with greater confidence and fewer surprises.