The U.S. PERM (Program Electronic Review Management) system is a crucial part of the employment-based green card pathway. This process allows U.S. employers to sponsor foreign workers permanently, provided certain conditions are met.
To begin, the job offered must meet specific eligibility requirements set by the Department of Labor (DOL). The employer must request a Prevailing Wage Determination, which ensures the wage offered is fair compared to similar roles in that location. Then comes the recruitment phase, where the employer must advertise the position and demonstrate that no qualified U.S. worker is available for that role.
Once recruitment is completed with no suitable U.S. applicants, the employer files Form ETA-9089 (PERM application) with the DOL for certification. If approved, the next steps involve filing Form I-140 (Immigrant Petition for Alien Worker). After this stage, the applicant waits for their priority date to become current. When it is, they can file for adjustment of status (if they are in the U.S.) or pursue consular processing (if outside).
The PERM process is designed to protect U.S. labor markets by ensuring that hiring foreign workers does not harm wages or opportunities for U.S. workers. Processing times can vary considerably depending on the job, location, employer documentation, and whether the case is audited. Waiting periods can stretch from several months to many years in certain cases.
