Understanding PERM : Green card applications, the gateway for U.S. employers to hire foreign talent permanently
For H-1B visa holders seeking permanent residency in the United States, the Permanent Labor Certification , or PERM, is the critical first step in the most popular green card category used by companies to sponsor employees. For those new to this, PERM is administered by the Department of Labor (DOL), and it ensures that hiring foreign workers does not harm U.S. workers’ wages or job opportunities. Note: This information is gathered from the official website of the U.S. Department of Labor (DOL).
The PERM program, managed by the DOL’s Employment and Training Administration (ETA), requires employers to obtain certification before filing an immigration petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL verifies that there are no able, willing, qualified, and available U.S. workers for the job in the intended employment area and that the foreign employees hired for the job won’t adversely affect wages or working conditions of similar U.S. workers.
Eligibility for PERM depends on:The employer qualifying as a U.S. entity and with a valid Federal Employer Identification Number (FEIN) and a physical U.S. location for worker referrals.
Prior to filing, employers must have a Prevailing Wage Determination (PWD) from the Office of Foreign Labor Certifications's (OFLC) National Prevailing Wage Center (NPWC),
The OFLC advises requesting for PWDs at least 60 days before it is needed. Interestingly, this timeline is also recommended for the H-2B program.
The PERM process involves four key steps
First, employers identify a permanent, full-time job opportunity under regulations like 20 CFR 656.17 for professional and non-professional roles, 20 CFR 656.18 for college and university teachers, or 20 CFR 656.10 for professional athletes. This step requires defining precise job duties and minimum requirements.
Second, employers obtain a valid PWD from the NPWC.
Third, they conduct pre-filing recruitment, such as job postings and newspaper ads, and post a Notice of Filing per 20 CFR 656.10 to inform U.S. workers of the opportunity. By doing this, one can make sure that the local talents make the most of the oportunity.
Finally, employers submit the online PERM application via the Foreign Labor Application Gateway (FLAG) system.
Several posts on X indicate that many of the PERM applications have faced denials or significant delays, with the DOL evaluating appeals for reconsideration submitted in May 2025 or earlier and processing applications filed as far back as March 2024. For those nearing the six-year H-1B limit, a delayed PERM approval risks their ability to extend status, potentially forcing them to pause work or leave the U.S.
Despite these hurdles, PERM remains essential for employers and foreign workers alike. The rise in applications reflects growing demand in sectors like AI and healthcare, where specialized skills are scarce. Recent enhancements to the FLAG system aim to reduce delays, but high volumes continue to strain resources. Employers are advised to consult the DOL’s Prevailing Wages Program page and FLAG user guides to navigate the process efficiently.
For H-1B visa holders seeking permanent residency in the United States, the Permanent Labor Certification , or PERM, is the critical first step in the most popular green card category used by companies to sponsor employees. For those new to this, PERM is administered by the Department of Labor (DOL), and it ensures that hiring foreign workers does not harm U.S. workers’ wages or job opportunities. Note: This information is gathered from the official website of the U.S. Department of Labor (DOL).
The PERM program, managed by the DOL’s Employment and Training Administration (ETA), requires employers to obtain certification before filing an immigration petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL verifies that there are no able, willing, qualified, and available U.S. workers for the job in the intended employment area and that the foreign employees hired for the job won’t adversely affect wages or working conditions of similar U.S. workers.
Eligibility for PERM depends on:The employer qualifying as a U.S. entity and with a valid Federal Employer Identification Number (FEIN) and a physical U.S. location for worker referrals.
Prior to filing, employers must have a Prevailing Wage Determination (PWD) from the Office of Foreign Labor Certifications's (OFLC) National Prevailing Wage Center (NPWC),
The OFLC advises requesting for PWDs at least 60 days before it is needed. Interestingly, this timeline is also recommended for the H-2B program.
The PERM process involves four key steps
First, employers identify a permanent, full-time job opportunity under regulations like 20 CFR 656.17 for professional and non-professional roles, 20 CFR 656.18 for college and university teachers, or 20 CFR 656.10 for professional athletes. This step requires defining precise job duties and minimum requirements.
Second, employers obtain a valid PWD from the NPWC.
Third, they conduct pre-filing recruitment, such as job postings and newspaper ads, and post a Notice of Filing per 20 CFR 656.10 to inform U.S. workers of the opportunity. By doing this, one can make sure that the local talents make the most of the oportunity.
Finally, employers submit the online PERM application via the Foreign Labor Application Gateway (FLAG) system.
Several posts on X indicate that many of the PERM applications have faced denials or significant delays, with the DOL evaluating appeals for reconsideration submitted in May 2025 or earlier and processing applications filed as far back as March 2024. For those nearing the six-year H-1B limit, a delayed PERM approval risks their ability to extend status, potentially forcing them to pause work or leave the U.S.
Despite these hurdles, PERM remains essential for employers and foreign workers alike. The rise in applications reflects growing demand in sectors like AI and healthcare, where specialized skills are scarce. Recent enhancements to the FLAG system aim to reduce delays, but high volumes continue to strain resources. Employers are advised to consult the DOL’s Prevailing Wages Program page and FLAG user guides to navigate the process efficiently.
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