Labor Certification – PERM

The current labor certification process, PERM (Program Electronic Review Management) started in 2005.

Labor certification is the first and most important step for most employment based immigration.

Generally speaking, employment based immigration takes 3 steps:
First step: Labor Certification
Second step: I-140 Immigrant visa petition
Third step: I-485 Adjustment of Status

Purpose of labor certification

The labor certification process exists to protect the US job market. To get the labor certification certified, the employer has to prove that:
1) No sufficient workers able, willing and qualified for the offered job.
2) The employment would not adversely affect wages and working conditions of U.S. workers.
3) The offered wage is not lower than the prevailing wage


Basic Recruitment: 2 Sunday advertisement on the newspaper or journal
30 days job order

Recruitment for professionals : in addition to the basic recruitment, the employer has to conduct 3 out of the 10 following recruitment events:

Job fair
Employer website
Job Search website
On campus recruitment
Trade or professional organizations
Private employment firm
Employer referral program with incentives
Campus placement offices
Local and ethnic newspapers
Radio and Television advertisement

Limit of Labor Certification

A labor certification has an expiration date.
A labor certification is beneficiary specific. No substitution of beneficiary is allowed.