For many foreign professionals, the PERM labor certification is the first major step toward an employer-sponsored permanent residence case in the United States. It is used in many EB-2 and EB-3 employment-based green card cases and is designed to show the U.S. Department of Labor that hiring the foreign worker will not negatively affect qualified U.S. workers.
For U.S. employers—whether a growing technology company, a construction business, a medical practice, or a Hungarian-owned company expanding in the United States—PERM requires careful planning. It is not simply a form filing. It involves job definition, wage review, recruitment, documentation, and coordination with the later immigration petition.
What PERM Labor Certification Does
PERM is a labor market test. Before an employer can sponsor a foreign national for certain green card categories, the employer must generally prove that there are no able, willing, qualified, and available U.S. workers for the offered position at the required location and wage.
The process is handled by the U.S. Department of Labor, not directly by USCIS. If the Department of Labor certifies the case, the employer can usually move to the next step: filing Form I-140, Immigrant Petition for Alien Worker, with USCIS. After that, the employee may pursue adjustment of status in the United States or immigrant visa processing at a U.S. consulate, depending on visa availability and personal circumstances.
PERM is employer-specific, job-specific, and location-specific. A certification for one employer, one role, and one worksite does not automatically transfer to a different company, job, or location.
Key Steps in the PERM Process
Although every case depends on the position and the employer’s needs, most PERM cases follow a similar structure.
1. Define the sponsored position
The employer must clearly define the job title, duties, minimum education, experience, skills, worksite, and supervision structure. This step is more important than many employers realize. The requirements must reflect the employer’s actual minimum requirements for the role, not a custom-built description designed only around the foreign worker’s background.
If the position is too narrow or includes unusual requirements, the employer may need to justify why those requirements are business necessities. If the position is too broad, it may attract applicants who appear qualified but do not truly meet the employer’s needs.
2. Request the prevailing wage
Before recruitment, the employer requests a prevailing wage determination from the Department of Labor. This is the minimum wage level the employer must be willing to pay for the offered position, based on the job duties, requirements, and location.
The employer does not necessarily have to pay the prevailing wage immediately during the PERM stage, but it must be able and willing to pay the required wage at the appropriate stage of the green card process. The wage should be reviewed carefully before recruitment begins, especially for small businesses, startups, and companies with variable compensation structures.
3. Conduct PERM recruitment
PERM recruitment is a regulated process. The employer must advertise the position through required channels and evaluate U.S. applicants in good faith. The required recruitment steps depend on whether the job is considered professional or non-professional, but they may include a state workforce agency posting, newspaper advertising, an internal notice of filing, and other recruitment methods.
The goal is not to guarantee that no one applies. The goal is to test the labor market fairly. If qualified U.S. workers apply and are available for the job, the employer generally cannot move forward with PERM for that position at that time.
4. File Form ETA 9089
If recruitment is completed properly and no qualified U.S. worker is found, the employer may file Form ETA 9089, the Application for Permanent Employment Certification. This form summarizes the employer, job opportunity, recruitment results, offered wage, and the foreign worker’s qualifications.
Accuracy is critical. Inconsistencies between the wage request, recruitment, ETA 9089, the later I-140 petition, and the employee’s background documents can create delays or denials.
Employer Sponsorship: Practical Issues to Consider
Employer sponsorship for a green card is a serious business decision. The employer should be prepared for a process that may take significant time and require detailed records. Employers must keep documentation showing how recruitment was conducted and why applicants were rejected, if applicable.
Common practical issues include:
- Job changes: Promotions, major duty changes, or relocation may affect whether the original PERM remains usable.
- Remote or hybrid work: Worksite details can affect wage and recruitment strategy and should be addressed before filing.
- Experience gained with the same employer: Using experience gained in the sponsoring company can be complicated and must be analyzed carefully.
- Company ability to pay: At the I-140 stage, USCIS reviews whether the employer can pay the offered wage.
- Timing and visa status: Employees in H-1B, L-1, E-2, F-1, or other statuses should coordinate PERM planning with status expiration dates and travel plans.
Why Planning Matters for International and Hungarian-Owned Businesses
International founders and Hungarian business owners in the United States often sponsor key employees who understand both the U.S. market and the company’s home-country operations. PERM can be a useful option, but it must be handled as a U.S. compliance process—not as an informal internal promotion.
Companies should align immigration planning with business planning. For example, if a company expects to open a new U.S. office, change an employee’s role, or move operations to another state, those decisions may affect the green card strategy. Early legal review can help determine whether PERM is the right path or whether another option, such as a multinational manager petition, national interest waiver, or investor-related strategy, may be more appropriate.
Bottom Line
PERM labor certification is a structured process that requires more than filing paperwork. The employer must define a real job, obtain the prevailing wage, conduct compliant recruitment, and submit an accurate Form ETA 9089. When handled properly, it can be the foundation for a successful employment-based green card case. When handled casually, it can create costly delays and immigration problems for both the employer and the employee.
Because each case depends on the job, company, employee background, and long-term immigration plan, employers should review the strategy before recruitment begins—not after issues arise.
