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EB2 and EB3


PERM Labor Certification Appl.


EB5: Investors












PERM Labor Certification Application

.S. employers will be required to file a completed ETA Form 9089 electronically or by mail with a designated ETA application processing center in EB2 and EB3 petitions.  

Testing US Labor Market

The DOL is seeking to determine whether there are any U.S. workers who are qualified and available for the position in question in your area; in such a case there will be no adverse impact on the U.S. workforce if the alien worker continues to be employed in the position. The employer must carefully maintain documentation showing the company's recruitment activities during the six month period immediately prior to the filing date of the application.

Recruitment of U.S. Workers

DOL will review and evaluate evidence of the company's recent recruitment activity for the job in question (or closely related jobs in the same specialty, e.g. computer programming)--i.e. advertisements published in local or regional newspapers or a professional journal, notices posted on the Internet, college campus notices or visits, job fairs, etc. All recruitment activity must be within 6 months and before 30 days prior to the filing. (180 days – 30 days)

Posted Notice

The employer must post notice of the job opportunity for at least ten consecutive business days.

Use of Other In-House Media

In addition to printed posted notice, the employer must use any and all in-house media, whether electronic or printed, in accordance with normal procedures used for recruitment for similar positions in the organization.

Job Order

Employer shall place a job order with the SWA for a period of 30 days.  


The employer must place two advertisements on two different Sundays in the newspaper of general circulation in the area of intended employment.  

If the job requires experience and an advanced degree, the employer may use a professional journal in lieu of one of the Sunday ads 

Three Additional Recruitment Steps for Professional Jobs

The PERM regulation retains the requirement that applications for professional jobs must have additional recruitment. The list of permitted additional recruitment steps in the final PERM regulation include: 1) job fairs; (2) employer’s web site; (3) job search web site other than employer’s; (4) on-campus recruiting; (5) trade or professional organizations; or (6) private employment firms. (7) an employee referral program, if it includes identifiable incentives; (8) a notice of the job opening at a campus placement office, if the job requires a degree but no experience; (9) local and ethnic newspapers, to the extent they are appropriate for the job opportunity; and (10) radio and television advertisements. Further, a web page generated in conjunction with a print ad now counts as a website other than the employer’s.  

Alternative recruitment steps only require employers to advertise for the occupation involved in the application rather than for the job opportunity as is required for the newspaper ads.

Frequently Asked Questions

Prevailing Wage

PERM requires that the employer proves the ability to pay prevailing by 100%. The prevailing wage the wage level that DOL finds to be the "prevailing wage" for the particular occupation. While preparing the application we will obtain a wage determination from the Employment Development Department or ETA in some states.  

Timing of Payment of the Prevailing Wage 

PERM final rule reaffirms that the prevailing wage must be paid either from the time permanent residency is granted or from the time the alien is admitted as a permanent resident to take up the certified employment.  

No Jobsite Transfers or Significant Promotions While Application Pending  

It is also very important to keep in mind that, once the application has been filed, there can be no promotions (to a significantly different job) or transfers (to a worksite out of the region) of the alien worker until after the process is completed. The job offered at the time of filing must be substantially the same job that the alien is performing when he gets permanent residence. It is critically important that we be kept informed of possible job changes before they take effect so that we can advise on the potential impact (if any) on the pending application.

No layoffs in Petitioner’s company with respect to the positions that Alien Worker is or will be fulfilled in the last six months.

Establishing a Priority Date 

Filing the labor certification application establishes a "priority date" for purposes of permanent residency issuance. Permanent resident visas are issued on a first-come, first-served basis within particular country categories for which the U.S. Congress has set annual quotas. The "priority date" marks the alien's place in line awaiting visa issuance.

Employer Registration Instructions

System Requirements 

Use of the PERM Online System requires the following:

Internet access (AOL users – there is a known bug with the AOL browser and Web Accelerator

that prevents users from properly accessing some web applications. Please use a different browser and/or Internet Service Provider if you experience time-out issues while accessing the PERM

Online System through AOL.)

Web browser (Internet Explorer 5.x or higher, Netscape 4.7 or higher)

AdobeAcrobat Reader 4.0 or higher 

Accessing the System

As a first time Registrant, or

As a Registered user.

To gain authorized access to the PERM Online System as a registered user, you must have created a unique login ID, which you do the first time you access the system.

Registering as a System User

(1) From your desktop, start Internet Explorer or Netscape.

(2) Type in the following Address for Internet Explorer or Location for Netscape: and press Enter on your keyboard. An alert message is displayed. Read the message and click OK.

The PERM Online System Login page is displayed.

(3) Click “Register” and following the steps to accept the terms and to fill in the information of the Employer’s profile.

(4) From any page on the PERM system, any person granted the right to manage user accounts can select “User Account” to add users for your attorney.





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