What is PERM?
PERM – also called Labor Certification (LC) or Form ETA-9089 – is the application a US employer files with the US Department of Labor (DOL) to certify that it advertised the job as required but could not find enough US workers who are willing and qualified for that position. It is the first step of most EB-3 cases.
Who files, who pays?
The employer (sponsor) files the PERM. Under US Department of Labor rules, the costs of obtaining the labor certification (including recruitment advertising and attorney fees for the PERM part) are paid by the employer; the worker may not pay these costs on the employer's behalf. See also: Can you choose your own employer for EB-3?
The steps of PERM
- PWD (Prevailing Wage Determination, Form ETA-9141) – DOL determines the prevailing wage for the position in that area.
- Testing the US labor market (Recruitment) – the employer advertises the job following the required steps.
- Filing the ETA-9089 through DOL's FLAG system. The date DOL receives the application usually becomes your Priority Date.
- DOL review – the case may be selected for Audit (a request for more evidence of the recruitment), which slows it down further.
- PERM approved → the employer files the I-140 with USCIS.
How long does PERM take? (updated October 2026)
| Category (per FLAG – DOL) | Currently processing cases filed in |
|---|---|
| PWD for PERM (as of Sep 30, 2026) | June 2026 |
| PERM – Analyst Review (as of Oct 5, 2026) | January 2026 |
| PERM – Audit Review | December 2025 |
| Average Analyst Review time | 336 days (figure reported for August 2026) |
Times change every month – GJO posts updates in the News section.
Where can you check PERM yourself?
You can check published PERM data and processing times yourself on flag.dol.gov – see the step-by-step guide: How to check PERM on flag.dol.gov. When looking into an EB-3 job, ask the support organization: has PERM been filed, on what date, and what is the case number – so you can verify it yourself instead of relying only on what you are told.
What comes after PERM?
I-140 at USCIS → wait for your priority date to become current on the Visa Bulletin → NVC and interview. See the full process in What is EB-3 Other Workers (unskilled) and the terms in the EB-3 Glossary.
Sources: FLAG – Processing Times (DOL) · DOL – Permanent Labor Certification.
📌 General information, not legal advice for any specific case. Independent information & referral page.