Program Electronic Review Management (PERM) is the system used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). This is also known as PERM Labor Certification. The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file an immigration petition for a foreign worker with U.S. Citizenship and Immigration Services (U.S.C.I.S.) in most EB-2 and EB-3 positions, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL). An application for labor certification is submitted to the DOL by using ETA Form 9089. The DOL must certify to the U.S.C.I.S. both that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job offered the alien at the prevailing wage for that occupation in the area of intended employment, and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The following categories require a certified PERM labor certification before an immigrant visa and/or application for adjustment of status can be filed:
- EB-2: All EB-2 categories except national Interest Waiver cases require PERM
- EB-3: All third preference employment-based Immigration petitioners require PERM