EB-3 PERM labor certification process for 2026

This guide is for US employers who are sponsoring a foreign national employee for an EB-3 green card and need to understand the PERM labor certification requirements, timeline, and documentation. It is also for foreign national employees who want to understand what their employer must do to obtain a labor certification on their behalf and how the process works from start to finish.

This guide is not for applicants who qualify for a PERM exemption such as EB-1A (extraordinary ability), EB-2 NIW (national interest waiver), or EB-5 (investor) — those categories do not require labor certification. It is also not for applicants pursuing EB-2 PERM — while the PERM process is the same, the education and experience requirements differ. EB-3 applicants should also be aware that the annual visa quota for EB-3 is shared across three subcategories (skilled workers, professionals, and unskilled workers), and waiting times depend on the applicant's country of birth and the current Visa Bulletin priority date cut-offs.

The PERM process begins with the employer requesting a prevailing wage determination from the DOL National Prevailing Wage Center. The employer submits ETA Form 9141, which specifies the job title, SOC occupation code, job duties, education and experience requirements, geographic area of intended employment, and proposed wage. The NPWC reviews the submission against the Occupational Employment Statistics wage data and issues a determination that establishes the minimum wage the employer must pay for the position.

Common PWD issues include: selecting the wrong SOC code (which changes the prevailing wage because each occupation has a different wage range), requesting the wrong wage level (Level I is entry level, Level IV is fully competent — the level must match the job requirements), or submitting an incomplete form. The PWD is valid for 90 days (extendable to 180 days with documentation). The employer must begin recruitment before the PWD expires, and the offered wage must be at least 100% of the prevailing wage for the SOC code and level.

Once the employer has a valid prevailing wage, they must complete the mandatory recruitment steps. For professional positions (requiring a bachelor's degree or higher), the recruitment must include: two Sunday newspaper advertisements in the general circulation newspaper most likely to reach qualified applicants for the position (or professional journal ads if the position is highly specialised), a job order placed with the state workforce agency for at least 30 days, and three additional recruitment steps from the DOL-approved list. The DOL-approved options include job fairs, employer website postings (which are mandatory and do not count as one of the three optional steps), on-campus recruiting, private employment firms, employee referral programs, trade association and professional organisation job banks, and newspaper ads in additional newspapers or journal formats.

The recruitment must run for at least 30 calendar days and must be completed within the 30-to-180-day window before the PERM application filing date. The employer must maintain a detailed recruitment report that lists each recruitment source, the dates the advertisement ran, the number of applicants received, and the lawful, job-related reasons why each US applicant was rejected. Under DOL regulations, US workers who are rejected because they lack a particular qualification that the foreign worker possesses but that was not included in the advertised minimum requirements may serve as the basis for a finding that the employer tailored the requirements to the foreign worker. The recruitment report is the single most important document in a PERM audit and must be prepared with as much care as the application itself.

After the recruitment is complete and the 30-day quiet period (post-recruitment) has ended, the employer files ETA Form 9089 electronically through the DOL's PERM system. The form captures the job details, the prevailing wage, the recruitment results, and the employer's attestations. The employer attests that the recruitment was conducted in good faith, that no qualified US worker was available, and that the offered wage meets or exceeds the prevailing wage.

The DOL processes the application in one of three ways: certified (no issues), audited (the application is selected for random or targeted review), or denied (the application fails on the merits). Approximately 30% of applications are audited. If audited, the employer has 30 days to submit the full recruitment file, including copies of all advertisements, the recruitment report, resumes received, and evidence of the Notice of Filing. If the employer cannot produce the required documentation, the audit will result in a denial. If the employer submits the documentation and the DOL is satisfied, the certification is granted.

Once the PERM is certified, the employer has 180 days to file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. The I-140 requires the certified PERM, evidence of the employer's ability to pay the offered wage from the priority date forward (annual reports, tax returns, financial statements), and the foreign worker's qualifications (education credentials, experience letters, and any required licenses). The employer must demonstrate financial ability to pay the proffered wage from the priority date of the PERM application — this is the date the Form 9089 was accepted by the DOL, not the date of certification.

After the I-140 is approved, the foreign worker either adjusts status (if in the US with an available visa number) or goes through consular processing abroad. The visa wait time for EB-3 depends on the applicant's country of birth and the Visa Bulletin. Applicants from countries with high demand (India, China, Philippines) may face waiting periods of several years before their priority date becomes current. During this waiting period, the foreign worker must maintain valid nonimmigrant status (such as H-1B) and the employer must continue to have the ability to pay the proffered wage.

TechCorp Inc., a US-based software company, wants to sponsor an EB-3 green card for Ana, a software developer who has been working for the company on an H-1B visa for two years. The process begins with TechCorp requesting a prevailing wage for the occupation "Software Developers, Applications" (SOC 15-1252) in Austin, Texas. The NPWC issues a Level II (qualified) wage of USD 98,000 per year. TechCorp begins recruitment: it places Sunday newspaper ads in the Austin American-Statesman for two consecutive Sundays, posts the job on its website for 30 days, files a job order with the Texas Workforce Commission, and uses a private employment firm to advertise the position. The recruitment period runs for 45 days.

During recruitment, TechCorp receives 15 applications. Fourteen are rejected because they do not meet the minimum requirements (a bachelor's degree in computer science and two years of software development experience). One US applicant meets the requirements but does not accept the job after an interview. TechCorp prepares a recruitment report documenting each application and the lawful, job-related reason for rejection. The Notice of Filing is posted on the company bulletin board and internal website for 10 consecutive business days. After a 30-day quiet period, TechCorp files ETA Form 9089 electronically. The DOL processes the application in six months without an audit and certifies the PERM. TechCorp then files the I-140 petition with USCIS, attaching the certified PERM, the company's audited financial statements showing ability to pay, and Ana's education and experience credentials.

• Tailoring job requirements to the foreign worker. DOL scrutinises job requirements that are unusually specific or narrowly tailored. If the advertised minimum requirements closely mirror the foreign worker's exact background, the application may be denied for lack of good faith recruitment.
• Incomplete recruitment documentation. Every recruitment source must be fully documented: copies of advertisements, dates, circulation data, screen shots of web postings, and the full recruitment report. Missing documentation is the most common audit failure.
• Inconsistent wage levels. The prevailing wage level must match the job requirements. A Level I (entry-level) wage for a position requiring five years of experience is an inconsistency that triggers audit and denial.
• Missing or expired prevailing wage. The PWD is valid for 90 days (extendable to 180). If the PWD expires before the application is filed, the entire process must restart. Track the PWD expiration date carefully.
• Not considering recently laid-off US workers. If the employer laid off US workers in the same or similar occupation within six months before filing, the employer must notify and consider those workers for the position. Failure to do so is an automatic denial ground.