Job Design & Strategy (Most Important Phase)
Define the job duties, select the correct SOC code, determine minimum education and experience requirements, identify work location(s), and assess business necessity. This phase sets the foundation for the entire case. Mistakes here cannot be corrected later.
Timeline: Allow 2-4 weeks for thorough job analysis and attorney review
Prevailing Wage Determination (ETA-9141)
File ETA-9141 with DOL’s National Prevailing Wage Center to obtain an official wage determination. The approved wage becomes the minimum salary the employer must offer. This determination also auto-populates the subsequent PERM filing.
Timeline: 5 to 9+ months (backlog-dependent; can be expedited in limited circumstances)
Mandatory Recruitment Campaign
Employer must conduct a bona fide test of the U.S. labor market. Required steps: (1) State Workforce Agency job order for at least 30 days; (2) Two Sunday print newspaper ads in the area of intended employment; (3) Internal notice posted for at least 10 consecutive business days. Three additional steps from the DOL-approved list must also be completed (job boards, employer website, referral programs, campus recruiting, professional organizations, headhunters, etc.).
Timeline: Minimum 60 days from start of recruitment to filing; maximum 180 days
Recruitment Report & U.S. Worker Review
After recruitment closes, employer reviews all applications received. Each applicant who was not hired must be assessed against the minimum requirements in the job offer. Lawful job-related reasons must be documented for each rejection. A detailed recruitment report is prepared and retained (not filed, but must be available if audited).
Timeline: 30 to 60 days for thorough review and documentation
File Form ETA-9089 Through FLAG
The completed PERM application is submitted electronically through the FLAG system. Job duties and requirements are auto-populated from the approved PWD. Attorney certifies that all information is accurate and that the employer conducted the required recruitment in good faith.
Timeline: Filing is electronic; confirmation is immediate upon submission
DOL Review & PERM Approval
DOL reviews the application. Cases may be selected for audit at any time — before or after approval. If approved without audit, the employer receives the certified ETA-9089, which can then be used to file the I-140 immigrant petition with USCIS.
Timeline: 6 to 18+ months; audit cases can take significantly longer
