Understand PERM
Published on Feb 26, 2024 - Updated on Aug 5, 2025

Streamlining PERM Certification with MotaWord's Academic Evaluation Service

Hiring foreign talent for permanent roles in the United States can be rewarding, but it comes with complex paperwork and strict regulations. The PERM labor certification process is one of the most important steps in sponsoring a foreign worker for a green card.

For many employers, understanding the PERM labor certification process steps can feel overwhelming. From strict documentation rules to tight timelines, missing even a small detail can delay or derail the process.

In this article, we’ll go over the PERM labor certification process, the steps you must follow, the timeline for the evaluation process, and more. We’ll also discuss how MotaWord’s academic evaluation services help employers and foreign professionals meet the exact requirements of the PERM process, including the often misunderstood Single-Source Rule for education.

This guide is not intended as legal advice, and we recommend that you consult and hire proper legal counsel before proceeding. Planning early and getting everything right the first time is key to reducing risk and stress. Without further ado, let’s get right into it!

What Is the PERM Certification Process and Why Does It Matter

The PERM labor certification process is a crucial step for employers seeking to hire foreign workers for permanent employment in the United States. “PERM” stands for Program Electronic Review Management, and it’s managed by the U.S. Department of Labor (DOL).

The goal of PERM is to make sure that hiring a foreign worker won’t take away job opportunities from qualified U.S. workers. To ensure that, employers must prove that they made a real effort to recruit U.S. workers before turning to foreign talent.

The Employment and Training Administration (ETA), a division within the DOL, oversees the PERM labor certification process. The ETA reviews the application, checks recruitment efforts, and verifies that the offered wage meets U.S. standards.

Once the PERM certification is approved, the employer can file an I-140 immigrant petition with USCIS on behalf of the foreign worker. This is the next step toward obtaining an employment-based green card.

The PERM process protects the U.S. job market while allowing employers to sponsor skilled foreign professionals. It’s the foundation of most employment-based green card applications and must be completed correctly to move forward.


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Pre‑PERM Planning: Timelines, Visa Categories & Strategy

Before jumping into the PERM labor certification process, it's important to take a step back and plan. Strategic pre-PERM planning can save you time, money, and frustration down the road.

From start to finish, the PERM labor certification can take anywhere from 18 to 24 months in 2025. For the most accurate processing time, please refer to the Foreign Labor Application Gateway page. That’s why it’s critical to start early, especially if the foreign worker is already in the U.S. on a temporary visa.

Many employers sponsor workers who are on H-1B visas. These visas are limited to six years, so there’s a deadline. To stay in the U.S. beyond that, the worker must either have an approved I-140 petition or meet certain extension criteria. Because of this, smart employers begin the PERM labor certification at least 12 to even 24 months before the H-1B max-out date. This helps ensure the process doesn’t stall due to delays in recruitment, prevailing wage determination, or audits.

For workers from countries like India and China, the green card process can take longer because of annual limits and demand. This is where tracking the Visa Bulletin comes in. The bulletin tells you whether a green card applicant’s priority date is current.

If the PERM certification is delayed, it can push the priority date further out, forcing the worker to wait longer to file their I-485 or adjust their status. Delays in PERM can also impact eligibility for work extensions.

Start with the right strategy

Good planning means more than just starting early. It means:

  • Choosing the correct green card category (EB-2 or EB-3)
  • Creating a job description that meets both business needs and DOL rules
  • Identifying the correct degree to use for a single-source academic evaluation
  • Preparing all recruitment and wage documents well in advance

By building a solid strategy upfront, employers and workers set themselves up for success through every stage of the process.

Step 1: Prevailing Wage Determination (PWD)

The first official step in the PERM labor certification process is requesting a Prevailing Wage Determination (PWD). This sets the minimum wage the employer must offer for the job based on the job’s location, duties, and required skills.

What Is the Prevailing Wage?

The prevailing wage is the average wage paid to similarly employed workers in a specific geographic area. The Department of Labor uses data from the Occupational Employment and Wage Statistics (OEWS) survey to calculate it. Before any recruitment or application filing begins, employers must submit a request to the National Prevailing Wage Center (NPWC) using Form ETA-9141. This form provides detailed information about the job, such as:

  • Job title and description
  • Education and experience requirements
  • Worksite location(s)

The DOL uses this info to assign a wage level from 1 to 4. The more complex the role, the higher the level and wage requirement.

How Long Does the PWD Take?

The PERM labor certification processing time depends in part on how long the PWD takes. As of 2025, it can take anywhere from 6 to 8 months to receive a determination, though times vary based on DOL workload.

What If the Wage Seems Too High?

If you believe the wage level assigned is inaccurate, you may request a redetermination or file an appeal with the DOL. However, this can add weeks or months to the process, so it’s best to ensure the job description is written clearly and accurately from the start. Getting the prevailing wage right is crucial. If the wage is too low, your application will be denied. If it’s higher than expected, you’ll need to decide whether your company can still support the position at that rate. Once the prevailing wage is approved, you can move forward with the next stage: recruiting for the position.

Step 2: Recruitment Process & Documentation Requirements

Once the prevailing wage is approved, the next stage is recruitment. The goal here is to test the U.S. labor market by trying to find qualified U.S. workers for the job. You must follow a strict set of recruitment steps, and every detail counts. Incomplete or poorly documented efforts can lead to audits or denials.

Mandatory Recruitment Steps

If you're hiring for a professional position (typically requiring a bachelor's degree or higher), these steps are required:

  • Two Sunday newspaper ads: Place ads in a major newspaper in the area of intended employment. These must run on two different Sundays.

  • Internal job posting (Notice of Filing): You must post a physical notice at the job site for at least 10 consecutive business days. If the company is unionized, the union must also be notified.

  • Job Order with State Workforce Agency (SWA): Post the job with the relevant state agency for at least 30 days.

  • Three additional recruitment steps (for professional roles). Choose any three from the following:

    • Job fairs
    • Employer website postings
    • Job search websites (like Indeed or LinkedIn)
    • On-campus recruiting
    • Trade or professional organizations
    • Employee referral programs with incentives
    • Local or ethnic newspapers
    • Radio or TV ads

Non-professional positions typically require only the two Sunday ads, internal posting, and job order.

Good-Faith Recruitment

The Department of Labor expects all recruitment to be done in good faith. That means you must seriously consider any qualified U.S. applicants and document why each one was not hired. Legitimate reasons could include a lack of required skills or experience.

Keep Good Records

You're not required to submit all recruitment materials with the PERM labor certification form (ETA 9089), but you must keep everything on file in case of an audit. This includes:

  • Copies of all job ads
  • Proof of where and when they ran
  • A detailed recruitment report explaining results and rejections
  • Resumes of all applicants

Common Audit Triggers

Recruitment mistakes are one of the top reasons for PERM audits. Common red flags include:

  • Ads that don’t match the job description in the PERM form
  • Missing or incomplete recruitment steps
  • Rejecting applicants without clear, job-related reasons
  • Using overly specific requirements that limit qualified U.S. applicants

Once recruitment is complete and properly documented, the employer can move on to the next step: filing the official PERM labor certification form.

Step 3: Filing ETA Form 9089

After completing recruitment, the employer files the official PERM labor certification form, known as ETA Form 9089. This is the heart of the process and must be completed with precision. Form 9089 is submitted electronically to the Department of Labor. It summarizes everything about the job, the employer, and the foreign worker. The DOL uses this form to determine whether the recruitment was fair and whether the foreign worker qualifies. The form includes:

  • Job title and duties
  • Education and experience requirements
  • Recruitment results
  • Prevailing wage information
  • Information about the foreign worker
  • Employer attestations

Consistency across all documents is critical. The PERM certification status depends on small details. Job titles, requirements, wages, and timelines must line up exactly with what was submitted during recruitment and PWD stages. It’s also important that the employer signs off on everything, confirming that:

  • The job opportunity is real and full-time
  • The wage meets or exceeds the prevailing wage
  • No qualified U.S. worker was rejected for the position
  • The recruitment process was done in good faith

How to File ETA Form 9089

Employers file ETA Form 9089 through the PERM online portal; you can find the official steps here. Once submitted, the DOL assigns a case number and begins processing. To check the PERM labor certification status, you can log in to the DOL portal using that case number. Updates are posted there as the case moves forward. Once approved, the employer receives a certified ETA 9089. That certification is required to move on to the next step: filing an I-140 petition with USCIS. The filing stage may seem like a formality, but it's often where mistakes happen. Double-checking the form before submission can save weeks or even months of delay in the overall PERM certification timeline.

Academic Evaluations for PERM: Why They're Required

If a foreign worker earned their degree outside the United States, you’ll likely need an academic evaluation as part of the PERM certification. These evaluations help prove that the worker meets the job’s educational requirements. An academic evaluation is usually required when:

  • The job requires a degree
  • The candidate earned that degree outside the U.S.
  • The employer must show the degree meets U.S. educational standards

In these cases, the Department of Labor wants confirmation that the foreign degree is equivalent to a U.S. degree in the same field. This is especially important when filing ETA Form 9089, where the worker’s education must align with the job’s minimum requirements.


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What Does an Academic Evaluation Include?

An evaluation compares the foreign degree to U.S. standards. It looks at:

  • The level of the degree (e.g., bachelor’s, master’s)
  • The field of study
  • The length and structure of the program
  • The institution’s accreditation status

Once reviewed, the evaluator issues a report showing whether the foreign degree is equivalent to a U.S. degree. This report becomes part of your supporting documentation for the PERM certification.

Understanding the Single-Source Rule

The Single-Source Rule is one of the most important academic requirements in the certification process, yet it’s often misunderstood. It affects how employers and evaluation providers document a foreign worker’s education. The Department of Labor requires that the foreign worker’s degree must come from one diploma only. This means the academic evaluation must show that a single degree is equivalent to a U.S. degree, without combining multiple credentials or adding work experience.

In other words, you cannot mix and match degrees or certifications to meet job qualifications. For example:

  • A Bachelor of Technology (BTech) from India is typically equivalent to a U.S. Bachelor of Science. This works as a single source.
  • A candidate with a three-year Bachelor of Computer Applications (BCA) and a three-year Master of Computer Applications (MCA) must use the MCA only. The BCA on its own is not equivalent to a U.S. bachelor’s degree.

Using the wrong combination of degrees or failing to follow this rule can cause the DOL to reject your form. It can also delay your ability to move forward with the I-140 petition. The rule ensures that job requirements are met clearly and consistently. It also reduces confusion when the Department of Labor reviews the case.

How to Choose the Right Degree

Sometimes, a worker may hold more than one degree from different institutions or in different fields. In this case, it’s important to choose the degree that:

  • Meets the job’s exact educational requirement
  • Can stand alone as equivalent to a U.S. degree
  • It is easiest to document clearly and completely

At MotaWord, our academic evaluators specialize in single-source evaluations that meet DOL standards. We’ll help you identify the best degree to use for your case. Getting this step right is essential to avoiding problems with your PERM certification timeline and approval.

Who Needs to Comply with the Single-Source Rule?

Not every PERM case requires an academic evaluation, but when one is needed, the Single-Source Rule applies. Here are the most common types of applicants who must follow the Single-Source Rule:

  • EB-2 and EB-3 Green Card Applicants: These categories require specific educational backgrounds. If the degree was earned abroad, the PERM labor certification must include a valid academic evaluation using a single diploma.

  • H-1B Visa Holders Transitioning to a Green Card: Many skilled workers on H-1B visas later pursue permanent residency. When they reach the PERM stage, their education must be evaluated under the same rules.

  • Any Employer-Sponsored Immigrant Worker: If you're sponsoring an employee for a job that requires a degree, and that degree is foreign, you need a compliant, single-source academic evaluation.

If you’re unsure whether this rule applies to your case, speak with an immigration attorney or consult an academic evaluation expert. MotaWord’s team can help review your documents and guide you toward compliance.

Common Issues in the PERM Process (and How to Avoid Them)

Even experienced employers can make mistakes during the PERM labor certification process. These errors can delay your case, trigger audits, or lead to denials. Here are the most common pitfalls to watch out for:

  • Inconsistent job descriptions or requirements
    Job duties must match across all documents: the prevailing wage request, job ads, and Form 9089.

  • Incorrect use of foreign diplomas
    Using degrees that don’t meet U.S. equivalency or violate the Single-Source Rule can lead to denial.

  • Incomplete or poorly documented recruitment
    Missing ads, incorrect job postings, or a lack of evidence can raise red flags during an audit.

  • Rejecting qualified U.S. applicants without valid reasons
    The DOL expects you to review applicants fairly. Vague or biased rejection notes can cause problems.

  • Not planning ahead for H-1B max-out or visa retrogression
    Delaying the process can leave workers without options. Start early to manage the PERM labor certification timeline effectively.

  • Inaccurate wage levels or job titles in the prevailing wage request
    This can lead to a wage that’s too high or doesn't reflect the actual position, which may force a restart.

  • Not keeping proper records
    You must retain all recruitment materials, resumes, and evaluation documents in case of a DOL audit.

  • Overly tailored job requirements
    Creating job descriptions that only one person can meet can be seen as discriminatory or non-compliant.

To avoid these issues, follow best practices, work closely with your legal team, and partner with experienced academic evaluation providers like MotaWord. Careful planning and documentation are your best defense.

After PERM: What Happens Next?

Once your PERM labor certification is approved, you're ready for the next step in the green card process. This includes filing the I-140 petition and, eventually, the I-485 application for adjustment of status.

Step 1: File the I-140 Immigrant Petition

The employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition shows that:

  • The job position is permanent
  • The foreign worker meets all the job requirements
  • The employer can pay the offered wage

You can learn more about this step in our guide: USCIS Form I-140: Everything You Need to Know. Employers can choose regular processing or premium processing for a faster decision.

Step 2: File the I-485 (Adjustment of Status)

Once the I-140 is approved and the worker’s priority date is current, they can file Form I-485 to apply for a green card. This is known as adjustment of status. For a full breakdown of the process, check out our guide: USCIS Form I-485: Everything You Need to Know

What About Priority Dates?

Each I-140 petition gets a priority date, based on when the PERM labor certification was filed. Workers from countries with visa backlogs may have to wait months or even years for their priority date to become current. During this time, staying informed by checking the monthly Visa Bulletin is key. Completing the PERM certification accurately and on time puts you in the best position to move forward quickly when your priority date is ready.

Why Choose MotaWord for Academic Evaluations

The PERM labor certification process can feel overwhelming, but it doesn’t have to be. With the right planning, expert guidance, and accurate documentation, you can move through each step with confidence. MotaWord specializes in academic evaluations built specifically for PERM labor certification cases. We understand the strict requirements of the Single-Source Rule and make sure every evaluation aligns with Department of Labor standards.

Here’s why employers and attorneys trust MotaWord:

  • Expertise in Single-Source Rule compliance: We evaluate each case carefully to ensure your selected diploma qualifies on its own.

  • Fast turnaround times: Standard service delivers in just 3 days for $65. Need it faster? Same-day delivery is available for $115 (orders before 3 PM ET).

  • Affordable and responsive support: You get professional-quality service without breaking your budget, plus a team ready to answer your questions at any time.

Ready to simplify your PERM case? Start your academic evaluation with MotaWord today.

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Published on Feb 26, 2024

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