PERM labor certification sits at the heart of many employment-based green card cases, but its rules often confuse both workers and employers. One of the most common points of tension is job requirements: why your employer can’t simply write the PERM job description to match your exact background, even if you are already doing the job and doing it well.
The reason is simple but strict. Under PERM, the Department of Labor (DOL) requires that job requirements reflect business necessity and industry standards, not the personal profile of a foreign worker. The PERM system exists to test the U.S. labor market fairly and to protect U.S. workers. If an employer could write a job ad that perfectly mirrors one specific foreign worker, the labor market test would be fake.
According to federal rules quoted in the source material, job requirements, “unless adequately documented as arising from business necessity, must be those normally required for the occupation and must not exceed the Specific Vocational Preparation level assigned to the occupation as shown in the O*NET Job Zones.” In everyday terms, that means the DOL expects PERM job requirements to look like what is normal for that type of job across the industry.
Who can qualify under a PERM job requirement
For a foreign worker to qualify under a PERM labor certification, two things must line up:
- The worker must meet the minimum requirements listed on the PERM application.
- Those requirements must be reasonable for the job and industry and not written only to fit that worker.
The DOL focuses on whether the employer is asking for what is truly needed to perform the job. Examples:
- If most software engineer roles accept a bachelor’s degree and two years of experience, an employer that demands a master’s degree and seven years of very narrow, unusual experience may face questions.
- If a marketing role asks for a rare mix of languages, industry tools, and niche skills that exactly match one foreign worker’s resume and are uncommon in the broader labor market, the DOL may treat that as a red flag.
Important: if you are already in the role, you must have met the minimum education and experience requirements before starting the job, even if the employer files PERM later. An employer cannot rewrite history and lower the requirements on paper just to match an existing worker who did not have that background when hired.
Business necessity: the core test for extra requirements
The DOL does allow employers to ask for requirements that are more advanced or more specific than typical, but only if they can prove business necessity.
To pass this test, the employer must show that the job duties and requirements:
- Have a reasonable relationship to the occupation in the context of that employer’s business; and
- Are essential to perform the job in a reasonable manner.
If the DOL suspects that requirements were overstated or tailored to a foreign worker, it will likely issue an audit. At that point, the employer must produce a business necessity statement and supporting evidence.
Examples of explanations an employer might need to provide:
- Why a higher degree is essential in this specific company’s environment.
- Why a rare combination of skills is needed for the company’s products or clients.
- Why a certain number of years of experience with a niche tool or method is truly necessary, rather than just “nice to have.”
If the employer cannot show a clear, genuine business reason, the DOL may deny the PERM application.
Key takeaway: employers may set stricter requirements only when they can document clear, job-related business necessity — otherwise those requirements risk denial.
Industry-standard requirements and fair labor market tests
The DOL’s position is that industry-standard requirements are the starting point. Employers must keep job requirements in line with what is customary for that type of role in the wider market.
This means:
- Requirements cannot be overly restrictive or hyper-specific just to filter out U.S. workers.
- Requirements must reflect the actual needs of the role, not one person’s unique history.
- The recruitment process should give any qualified U.S. worker a fair shot at the job.
VisaVerge.com analysis notes this is a major reason many PERM cases become complex: employers try to describe the star foreign employee they already have, instead of describing the role in neutral, industry terms.
When requirements are too narrow, the labor market test stops being real. If only one person on earth meets the posted requirements—and that person is the foreign worker the company already employs—the DOL is likely to question the entire process.
Alternative requirements and the DOL’s focus on consistency
A key concept in PERM practice is alternative requirements. The DOL expects employers to list not only primary requirements but also all reasonable alternative ways a candidate could qualify.
When employers request a Prevailing Wage Determination (PWD), they must include:
- The main job requirements; and
- All acceptable alternative combinations of education, experience, training, and special skills that would also allow someone to do the job.
The DOL expects employers to consider “all of the alternative combinations of experience, education, training, and special skills with which job applicants can perform those job duties.”
Why this matters:
- Shows the company is open to different types of qualified candidates.
- Demonstrates the job is not being shaped around one individual’s exact background.
- Keeps PERM and wage-request forms consistent across the process.
How these rules affect foreign workers day to day
For foreign employees, these rules can feel frustrating. Many think, “I’m already doing the job—why can’t my employer just write the requirements to fit me?” The answer: the law does not allow it.
Practical points for workers:
- You must fully meet the minimum requirements listed on the PERM application.
- Those requirements must match what the company truly needs and what is common in your field, not just your own resume.
- You must have met those requirements before you started the job used for PERM.
If you gained some skills only after starting the position, your employer cannot list those later-acquired skills as minimum entry requirements and then claim you met them at the start.
Often this means employers may need to:
- Rethink the job description or level of the role; or
- Wait for a promotion or new position that legitimately aligns with the worker’s current credentials.
Note: employers cannot lower requirements simply to cover a foreign worker.
Required documentation and evidence from employers
When the DOL questions PERM job requirements, the burden is on the employer. The company may need to provide:
- A business necessity statement explaining each contested duty or requirement.
- Internal documents showing why the requirement exists in that business setting.
- Proof that similar roles in the industry carry similar requirements.
- Evidence the recruitment process was open to U.S. workers who met either the main or alternative requirements.
The DOL emphasizes written evidence. Vague claims such as “we always hire this way” are insufficient. Employers must connect the dots between job duties, company operations, and the listed requirements.
Official information on the PERM program is available on the U.S. Department of Labor (DOL) website at the Employment & Training Administration’s permanent labor certification page.
Practical tips for workers and employers dealing with PERM job requirements
Because PERM rules limit how closely a job description can match one worker’s profile, both sides need to plan carefully.
For employers:
- Start with the actual role, not the person — define what the job truly needs to function.
- Check industry norms — compare draft requirements with similar roles in your sector.
- List reasonable alternatives — identify different mixes of education and experience that would work.
- Document business reasons early — collect evidence and explanations for any requirement beyond the norm.
For foreign workers:
- Ask to see the proposed requirements and confirm you truly met them before starting the job.
- Talk with your employer’s lawyer about your education and exact years of experience prior to the start date.
- Keep records of past jobs, training, and education that show how you met the minimums at the start date.
- Be prepared for delays or changes if the employer must adjust the job level or structure to comply with PERM rules.
Final summary: PERM labor certification is not a simple matching game between a resume and a job ad. It is a legal process run by the DOL to protect the U.S. workforce. Employers cannot always match your exact experience, even when you are a strong employee. The system insists that the job come first and the worker come second.
PERM requires job requirements to reflect industry norms and documented business necessity, not a single worker’s background. Employers may impose stricter requirements only when they can prove those needs arise from the job’s duties and the employer’s business context. The DOL expects employers to list all reasonable alternative qualification combinations and will audit suspected tailoring. Workers must meet the stated minimums before starting the PERM job; employers should document reasons and align job descriptions with market standards.
