Employment green cards

PERM labor certification: steps, timing and costs

PERM is the Department of Labor process most employers must complete before sponsoring a worker for an EB-2 or EB-3 green card. The employer gets a prevailing wage, recruits U.S. workers, and files Form ETA-9089 in FLAG. As of October 2026, DOL's average PERM review takes about 336 days, and the employer must pay all PERM costs.

Updated October 28, 2026 How we research and update

What PERM is and who needs it

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PERM labor certification is the Department of Labor (DOL) process an employer must complete before sponsoring most foreign workers for an EB-2 or EB-3 employment-based green card. The employer tests the U.S. labor market for the specific job and certifies to DOL that it could not find an able, willing, qualified and available U.S. worker, and that hiring the foreign worker will not harm the wages and working conditions of similar U.S. workers. If DOL certifies the application, the employer can file Form I-140 with USCIS.

PERM is generally not needed for EB-1, the EB-2 National Interest Waiver, or occupations on DOL's Schedule A list (as of October 2026, physical therapists and professional nurses, plus certain people of exceptional ability in the sciences or arts), which are filed directly with USCIS.

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Core requirements

A bona fide, full-time, permanent job offer from a U.S. employer. The worker may currently be in the U.S. or abroad.
Job requirements that reflect the employer's actual minimum needs and are normal for the occupation, without unduly restrictive requirements such as a foreign language not justified by business necessity.
An offered wage at or above the prevailing wage set by DOL.
Good-faith recruitment of U.S. workers, with lawful job-related reasons for rejecting each U.S. applicant.
The employer pays all PERM costs.

The PERM process, step by step

Define the job. The employer and counsel write the job description and minimum requirements. Experience gained with the same employer generally cannot be required unless the job was substantially different.
Request a prevailing wage determination (PWD). The employer files Form ETA-9141 through DOL's FLAG system. DOL's National Prevailing Wage Center returns the minimum wage for the job and location.
Recruit. Within the required windows, the employer places a job order with the state workforce agency for 30 days, runs two Sunday newspaper ads (or a professional journal ad in some cases), and posts an internal notice for 10 consecutive business days. Professional occupations need three more recruitment steps from a regulatory list, such as the employer's website, job search websites, campus recruiting or employee referral programs.
Observe the quiet period and filing window. Most recruitment must start at least 30 days and no more than 180 days before filing. Applicants are reviewed and a recruitment report is prepared.
File Form ETA-9089 in FLAG. Since June 2023, DOL requires PERM applications to be filed through the FLAG system using the redesigned Form ETA-9089, which now includes the job offer details (Appendix A). The filing date becomes the worker's priority date.
Wait for a decision or audit. DOL may certify, deny or audit. An audit asks for recruitment documentation and adds time.
File Form I-140. The employer must file the certified labor certification with an I-140 at USCIS within 180 days of certification, or the certification expires.
Finish the green card. When the priority date is current in the Visa Bulletin, the worker files Form I-485 or goes through consular processing.

How long does PERM take? DOL processing times (October 2026)

Stage	What DOL reports
Prevailing wage (PERM, OEWS and non-OEWS)	Processing requests received in June 2026 (as of Sept. 30, 2026)
PERM analyst review	Average of 336 calendar days for decisions in August 2026; working on applications filed in January 2026 (as of Oct. 21, 2026)
PERM audit review	Working on applications filed around December 2025
Reconsideration requests	Working on requests from May 2026

Together with recruitment, the full PERM stage often takes about one and a half to two years before the I-140 can be filed. DOL updates these figures monthly at flag.dol.gov/processingtimes. DOL does not offer premium processing for PERM.

The I-140 stage

Form I-140 asks USCIS to confirm that the worker meets the job's requirements as of the priority date, that the job fits the EB-2 or EB-3 category, and that the employer can pay the offered wage from the priority date onward. Ability to pay is usually shown with annual reports, federal tax returns or audited financial statements; employers with 100 or more workers may submit a statement from a financial officer. Premium processing is available for PERM-based I-140s. Once approved for at least 180 days, the I-140 generally stays valid for priority date purposes even if the employer later withdraws it, and it may allow H-1B extensions beyond the usual six-year limit.

How much does PERM cost, and who must pay?

DOL's rules require the employer to pay all costs of preparing, filing and obtaining labor certification, including attorney fees and advertising. The worker may not reimburse these costs, directly or through pay deductions. There is no DOL filing fee for PWD or PERM.

USCIS fees as of October 2026:

Form I-140: $715.
Asylum Program Fee with the I-140: $600 for most employers, $300 for employers with 25 or fewer full-time-equivalent employees, $0 for nonprofits.
Optional premium processing: $2,965 (effective March 1, 2026).
Form I-485 (often paid by the worker): $1,440 for most adults.

The I-140 and later stages may be paid by either party, subject to company policy and any H-1B wage rules. Estimate totals with the sponsorship cost calculator and see the USCIS fee guide.

How the Visa Bulletin affects PERM green cards

Under the November 2026 bulletin, EB-2 Final Action Dates are 01APR25 for most countries, 01OCT21 for China and 01NOV13 for India. EB-3 is 15JUN24 for most countries and Mexico, 15AUG23 for the Philippines, 22JAN22 for China and 22JAN14 for India. Because PERM priority dates can be locked in early, starting PERM sooner can shorten the overall wait. Check the latest dates for your category in our Visa Bulletin tracker.

What the sponsored worker should know

PERM is the employer's application, so the worker has a limited formal role, but several things are worth tracking. Keep copies of your degrees, transcripts and detailed experience letters from past employers on company letterhead, since USCIS checks at the I-140 stage that you met the job's requirements before the priority date. Make sure the experience described in the PERM matches your resume and any past visa filings. Ask for your PERM case number and priority date once the application is filed. If you hold H-1B status, confirm when the PERM must be filed to support extensions past six years, which generally requires filing at least 365 days before the extension is needed. Finally, do not pay or reimburse any PERM costs; doing so can put the case at risk.

Common problems

Job requirements tailored to the foreign worker or not normal for the occupation.
Missed or mistimed recruitment steps, or ads that do not match the 9089.
Layoffs in the same or related occupations within six months before filing, which require notifying laid-off workers.
Rejecting U.S. applicants for reasons that are not lawful and job-related.
Letting the 180-day window to file the I-140 lapse.
Ability-to-pay gaps, especially for startups.

Alternatives

Workers with strong individual records may avoid PERM through EB-1 or the National Interest Waiver. Multinational managers may qualify for EB-1C. Employers can review all sponsorship options in our employer guide.

What to ask an attorney

Should this role be filed as EB-2 or EB-3, and can we file both?
How do recent layoffs affect our ability to file?
Which additional recruitment steps fit our industry?
When should we start PERM so the worker can extend H-1B status past six years?
How do we document ability to pay from the priority date onward?

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Frequently asked questions

How long does PERM take in 2026?

As of October 2026, DOL reports prevailing wage requests from June 2026 being processed and an average PERM analyst review of 336 calendar days. Adding job description work, recruitment and the quiet period, the PERM stage often takes about 18 to 24 months before the I-140 can be filed. An audit adds more time.

Can the employee pay for PERM?

No. DOL regulations require the employer to pay all costs tied to the labor certification, including attorney fees and recruitment advertising, and prohibit the worker from reimbursing them. Costs for later steps, such as the I-140 or the worker's own I-485, may be handled differently, but H-1B wage rules can still limit what an employer may shift to the worker.

What is a PERM priority date?

It is the date DOL received the employer's Form ETA-9089. That date becomes the worker's place in the green card line once the I-140 is approved. It can usually be carried forward to a later I-140 with a new employer, as long as the first I-140 was not revoked for fraud, misrepresentation or error.

What happens in a PERM audit?

DOL asks the employer to submit its recruitment documentation, such as copies of ads, the job order, the posted notice and a recruitment report explaining why each U.S. applicant was not hired. The employer has a set time to respond. An audit can lengthen processing considerably, and a weak response can lead to denial.

Can I change jobs during PERM?

A PERM application is tied to the specific employer and job. If you leave before the I-140 is approved, the new employer generally has to start over. After the I-140 is approved, you can usually keep the priority date. After your I-485 has been pending 180 days, you may be able to move to a same or similar job.

How much does PERM cost?

DOL charges no filing fee for the prevailing wage request or the PERM application, but the employer must pay all attorney fees and recruitment advertising. After certification, the Form I-140 costs $715 as of October 2026, plus a $600 Asylum Program Fee for most employers ($300 for small employers, $0 for nonprofits). Premium processing for the I-140 is an optional $2,965.

What happens after PERM is approved?

The employer must file Form I-140 with USCIS within 180 days, or the certification expires. Once the I-140 is approved, the worker waits until the priority date is current in the Visa Bulletin for their category and country of birth. Then the worker files Form I-485 inside the U.S. or completes an immigrant visa through a U.S. consulate.

Official sources

General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.