Navigating the PERM Process for Business Green Card Applications

Picture this: You’ve just landed a job offer in the United States and you’re thrilled about the chance to build a new life. But then you hear words like “PERM,” “immigration petition,” and “Labor Certification,” and suddenly, everything feels overwhelming. Sounds familiar? 

Don’t worry. We know what you’re dealing with. Many people find the PERM process confusing at first. You might wonder why you have to post job ads or collect so much paperwork. Or maybe you’re worried you will make a small mistake and delay the entire process for months—or, worse, get a rejection. 

At Naya Immigration, we have seen firsthand how stressful this can be, and we want to help make it easier for you. On this page, we will break down the PERM process in simple terms. We will explain how it works, why it’s important, and what steps you can expect. If you are confused or have questions, feel free to reach out to our office for personalized guidance. 

If you have ever wondered how foreign workers get hired for jobs in the United States, the PERM process is a big part of the story. PERM, which stands for Program Electronic Review Management, is overseen by the Department of Labor (DOL). Essentially, it helps protect the U.S. workforce by making sure that American workers aren’t pushed aside when businesses look for employees from overseas. 

Here’s how it works: When a U.S. employer decides they need a specific type of worker for a position, they must first follow a set of rules laid out by the DOL. A big part of this involves a labor market test, which includes posting ads for the job in newspapers, online, or in other approved places.

These postings are there to give any qualified U.S. worker the first chance to apply. Then, only if no suitable American candidate is found, the employer can move forward with hiring someone from outside the United States. 

Why is this important? Think about the economic impact. If companies hire foreign nationals without checking to see if U.S. workers are available, the domestic job market could suffer. Wages might drop, and people might lose opportunities that would have otherwise been theirs. The PERM process is designed to prevent this. By requiring a thorough search for qualified U.S. applicants, the DOL ensures fair competition and makes sure that bringing in a foreign worker won’t hurt American employees. 

Once an employer passes the labor market test and gets the green light to hire a foreign worker, it doesn’t mean the process is over. This step—known as Labor Certification—is only the first stage of a longer journey. After receiving Labor Certification approval, the employer and future employee still need to navigate the rest of the green card application steps, which involve different government agencies. 

If you’re pursuing a green card through employment, the PERM process is where it all begins. Here’s a breakdown of the three stages of the PERM application process: 

Before starting any paperwork or submitting a PERM application, the employer must create a clear and accurate job description. This description includes job duties, required skills, and education or experience levels. The employer also needs to confirm that the foreign worker meets these requirements. Any mistakes or unclear details here can lead to delays or denials. 

Next, the employer requests a Prevailing Wage Determination from the DOL. This tells the employer the minimum wage they must offer to ensure the job’s salary is fair for the region and industry. Paying the correct wage helps protect U.S. workers from having their wages undercut by foreign hires.

If the employer decides to offer a higher rate, that’s allowed, but it cannot be lower than the amount assigned by the DOL. According to the DOL’s website, employers can obtain this rate by sending a request to the National Prevailing Wage Center (NPWC). 

Once the prevailing wage is set, the employer conducts recruitment to see if any qualified U.S. worker is available. This includes posting ads in newspapers, on job boards, or through other DOL-approved channels.

The employer must keep track of every response and explain why any U.S. applicant did or did not meet the job requirements. If no suitable American worker is found, the process can move forward to find skilled workers abroad.

With the recruitment finished and all findings documented, the employer can file the PERM Labor Certification Application (Form 9089) electronically with the DOL. The PERM application details the recruitment efforts, job requirements, and prevailing wage.

If approved, this step completes the Labor Certification stage and sets the stage for the I-140 Immigrant Petition and eventual I-485 Adjustment of Status. 

Transitioning from PERM to a green card involves filing the I-140 Immigrant Petition and, depending on your circumstances, the I-485 Adjustment of Status application or consular processing. 

When the DOL approves your PERM Labor Certification, your employer can file the I-140 Immigrant Petition with the USCIS. This petition confirms: 

The I-140 petition essentially builds the bridge between your approved Labor Certification and your eligibility to apply for a green card. It’s important to gather all necessary documentation, such as your academic credentials, proof of work experience, and evidence of the employer’s financial stability, for a smooth filing process. 

If you’re in the United States on a valid visa, you can often file the I-485 Adjustment of Status application once your I-140 is approved and your priority date is current. This step transitions you from a temporary visa holder to a lawful permanent resident. 

If you’re outside the United States, your green card application will proceed through consular processing. Once the I-140 is approved and your priority date is current, your case is forwarded to a U.S. consulate or embassy for an immigrant visa interview. After approval, you can enter the U.S. as a permanent resident. 

The PERM process for a green card is not without its challenges. While it’s a path that leads to exciting opportunities, you and your employer may encounter hurdles along the way. Some of the possible issues include: 

One of the most frustrating issues is the time it takes for the DOL to process PERM applications. Government backlogs can often extend the timeline, leaving employers and applicants in limbo. To minimize delays, here’s what you can do:

Another challenge you might deal with is a random audit or a Request for Evidence (RFE). The DOL may audit applications to verify that recruitment efforts were conducted properly or that the job requirements were accurately described. While audits are not always a sign of a problem, they can delay approval. 

To avoid complications, you should: 

Errors in the PERM application are a frequent cause of setbacks. Missing information, providing inconsistent details, or failing to meet specific requirements can trigger rejections or delays. To prevent this: 

Given the complexity of the PERM process, many employers and employees alike choose to work with a business immigration lawyer. A lawyer can help ensure that every requirement is met with accuracy and integrity, reducing the risk of issues that lead to delays and rejections. They can also provide guidance if complications, such as audits or RFEs, arise during the process. 

Let’s be honest: navigating the PERM process can feel like a rollercoaster—and not the fun kind. The paperwork, the rules, and all the waiting… It can be a lot to handle. But here’s the thing: you don’t have to do it alone.

At Naya Immigration, we’re not just here to check boxes or fill out forms. We’re here to walk this path to permanent residency with you, every step of the way. Whether it’s fine-tuning your job description, tackling recruitment requirements, or avoiding costly delays, we know the process inside and out—and we know how to make it work for you.

This isn’t just about getting through the PERM process—it’s about opening the door to your future in the U.S. Imagine what’s waiting for you on the other side: new opportunities, a fresh start, and the chance to build the life you’ve been dreaming of.

So, why stress about it? Let us take the pressure off your shoulders. Reach out to Naya Immigration today, and let’s start working together to make your green card a reality. Contact us now or schedule your consultation—we’re here to help, and we can’t wait to hear your story.

Call 650-499-5187 or visit our contact us page to get started.