PERM Process for Employers: Everything HR Teams Should Know Before Green Card Sponsorship

Whether you're sponsoring your first foreign national employee or managing multiple green card sponsorship processes a year, understanding the PERM labor certification process is essential. It’s also one of the most complex and compliance-heavy steps in the green card journey—and one where HR plays a pivotal role.

This guide breaks down the PERM process into clear, actionable phases so you know exactly what to expect, how to stay compliant, and where your role fits in. We’ve also included examples, best practices, and common pitfalls to help you avoid costly mistakes.

We’ll break the process into four clear phases:

1. Job Description Creation

2. Prevailing Wage Request

3. PERM Recruitment

4. PERM Filing

   
   

1. Job Description Creation

This step sets the foundation for everything that follows.

Here, you're defining the job your company intends to offer the foreign national employee on a permanent basis. Now, you might be thinking:

“How can I possibly know what their title or role will be in 5, 10, or 15 years?”

Fair question. And here’s the good news—you don’t need a crystal ball.

So what should you use as the PERM job?

You can use the employee’s current job title and current duties, assuming it’s a role the company would still need to fill in the long term. You don’t have to predict promotions or changes that may happen in the future.

Think of it this way:

“If this person left tomorrow, would we backfill this role as-is?”

If the answer is yes, then it’s a good basis for the PERM job description.

Key Point:

PERM is not about the person, it's about the position.

So even though you have someone in mind for the role, the job description must reflect what any qualified candidate would need—not what your current employee has learned on the job.

Do not include:

• Internal tools or processes only used at your company.

• Skills the employee learned after joining your team.

• Preferences disguised as requirements (like “must have worked at a fintech startup” unless it’s absolutely essential).

2. Prevailing Wage Request (PWR)

This step tells you the minimum salary the DOL expects you to offer.

Once the job description is finalized, your immigration attorney will submit a Prevailing Wage Request to the U.S. Department of Labor (DOL). The DOL will then analyze your job details—title, duties, experience level, and job location—and return a wage determination.

This process sets a floor, not a ceiling. You can pay more—but not less—than the prevailing wage.

Current Processing Times:

As of now, it takes about 6 months to receive a wage determination.

What You’ll Need to Confirm:

• Job location: Is the role remote, hybrid, or onsite? This affects which geographic wage applies.

• Wage structure: Ensure the prevailing wage fits within your compensation bands.

This is a great time to align with Finance or your Compensation team, so there are no surprises later.

3. PERM Recruitment

The most compliance-heavy phase—and the one where HR plays the biggest role.

This is where you “test” the U.S. labor market. You’ll advertise the PERM role and evaluate whether there are any qualified U.S. workers who apply.

Wait—who counts as a U.S. worker?

• U.S. citizens

• Green Card holders (permanent residents)

• Asylees and refugees

People on temporary visas like H-1B, F-1 (OPT), or TN do not count as U.S. workers for PERM purposes.

What HR Needs to Do:

✅ 1. Run the Ads

Your immigration attorney will usually handle ad placement—but don’t assume.Ask your attorney who’s responsible for each step.

Typical ad requirements include:

• 2 print ads in a Sunday edition of a major newspaper

• A job order with your state’s workforce agency (e.g., CalJOBS in CA)

• An internal posting at the job location

• 3 additional recruitment steps (like LinkedIn, your company careers page, job fairs, etc.)

✅ 2. Collect and Track Applicants

Every resume matters—even if it’s clearly unqualified.

Keep a detailed recruitment log showing:

• Who applied

• What qualifications they had

• Why they did or didn’t meet the minimum requirements

✅ 3. Screen When in Doubt

If it’s unclear from a resume whether an applicant meets the job’s minimum qualifications, screen them.

This can be done via:

• A brief phone screen, or

• An email Q&A confirming skills, experience, or education

Don’t go overboard. Just enough to determine if the person is truly qualified.

Best Practices for HR:

📝 Document everything.

• Keep copies of all ad placements

• Take photos of internal postings (with timestamps)

• Save all emails and communications with applicants

• Maintain a dated resume log

If your case is audited (and many are), this documentation becomes your legal shield.

Do’s and Don’ts of PERM Recruitment:

✅ Do:

• Stick to the job description exactly—no ad-libbing.

• Follow your attorney’s instructions to the letter.

• Assume you’ll be audited (because you might be).

• Keep good records, folders, screenshots, and emails.

❌ Don’t:

• Add extra qualifications during resume screening.

• Say or write anything about the foreign national during recruitment.

• Delay your responses to the attorney—timing matters.

4. PERM Filing

This is where it all comes together.

Once recruitment is complete and no qualified U.S. workers are found, your attorney will file ETA Form 9089 with the Department of Labor.

Your role here is mostly to review and sign off on the application. It’s also your responsibility to:

• Retain a complete copy of the PERM file for at least 5 years

• Ensure your internal HR records match the filings (job title, location, salary, etc.)

NOTE: PERM processing is currently taking 13+ months. You can read more about the PERM Processing Times in this article.

5. Post-PERM Green Card Sponsorship Process

Once PERM is approved, your employee can move on to the next stage: the I-140 immigrant petition and then green card processing.

Final Thoughts: You're Not Alone

The PERM process can feel overwhelming—but it’s manageable with the right legal support and an organized HR lead (that’s you!).

The key to success? Good documentation, clear communication, and an understanding that this is a regulatory process—not a hiring decision.

You’re not just helping one person—you’re helping your company build a sustainable, long-term workforce.

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Note: This document provides general information and should not be considered legal advice. Immigration policies change frequently, and individual circumstances vary. Both employers and employees should consult with qualified immigration counsel regarding specific situations.