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PERM Labor Certification

A Permanent Labor Certification is issued by the Department of Labor (DOL) to allow an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition, Form I-140, to the USCIS, the employer must obtain an approved Labor Certification Request from the DOL’s Employment and Training Administration (ETA). The current system for submitting a Labor Certification is called PERM or Program Electronic Review Management. This is the first step for many employment-based green card cases and is required for almost all applicants under the employment-based immigrant preference categories EB-2 and EB-3.

By approving a Labor Certification, the DOL is informing USCIS that there are no qualified U.S. workers able, willing and available to accept the open job at the prevailing wage for that occupation in the area of intended employment, and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.