PERM Application in New York

Labor Certification Process and Employment-Based Green Card Guide (2026)

The PERM labor certification process is a critical first step for many employment-based green card applications in the United States, particularly under the EB-2 and EB-3 categories.

At Caglar & Associates, PLLC, a New York–based immigration law firm, we provide strategic legal guidance to employers and professionals navigating PERM, EB-2, and EB-3 green card processes nationwide.

What Is PERM?

PERM (Program Electronic Review Management) is a labor certification process administered by the U.S. Department of Labor (DOL).

Through this process, an employer must demonstrate that:

• No qualified and available U.S. workers exist for the position

• Hiring a foreign worker will not negatively impact U.S. wages and working conditions

• The offered wage meets or exceeds the prevailing wage

When Is PERM Required?

PERM is generally required for:

• EB-2 Advanced Degree

• EB-2 Exceptional Ability

• EB-3 Professional

• EB-3 Skilled Worker

• EB-3 Other Worker

However, certain categories such as EB-2 National Interest Waiver (NIW) are exempt from the PERM process.

Employer Requirements

To initiate a PERM application, the employer must:

• Be a legitimate U.S. employer with a valid FEIN

• Offer a permanent, full-time position

• Demonstrate the ability to pay the prevailing wage

• Conduct a lawful recruitment process

For New York-based startups and small businesses, financial documentation is especially important during later stages of the process.

Employee Requirements

The foreign national must meet the minimum education and experience requirements for the position.

For EB-2:

• Master’s degree or higher or

• Bachelor’s degree plus 5 years of progressive experience

For EB-3:

• Bachelor’s degree (professional roles)

• At least 2 years of experience (skilled workers)

• Less than 2 years of experience (other workers)

Prior Experience Rules

A critical legal issue in PERM cases involves whether the foreign worker’s prior experience qualifies them for the role.

Generally, experience gained with the sponsoring employer cannot be used unless the previous role was substantially different (at least 50% different) from the offered position.

Proper documentation of prior employment is essential.

PERM Processing Times (2026)

As of 2026, processing times remain extended:

• Prevailing Wage Determination: 6 to 8 months

• PERM review: 15 to 17 months

• Audit cases: additional 6 to 12 months

Overall, the PERM process may take 22 to 30 months from start to certification.

Step 1: Prevailing Wage Determination (PWD)

The process begins with filing Form ETA-9141.

The DOL determines the minimum salary based on:

• Job duties

• Education requirements

• Experience requirements

• Work location

In New York, prevailing wages are often significantly higher due to market conditions.

Step 2: Recruitment Process

The recruitment phase is the core of PERM.

Employers must test the U.S. labor market through:

• A 30-day job order with the State Workforce Agency

• Two Sunday newspaper advertisements

• A Notice of Filing at the worksite

For professional roles, three additional recruitment steps are required, such as:

• Employer website postings

• Job platforms (e.g., LinkedIn, Indeed)

• Job fairs or campus recruiting

• Trade publications

All recruitment must be conducted between 30 and 180 days before filing.

Step 3: Filing Form ETA-9089

After completing recruitment, the employer files Form ETA-9089 electronically.

This form includes:

• Employer details

• Job requirements

• Wage information

• Recruitment documentation

• Employee qualifications

The filing date becomes the applicant’s priority date.

Priority Date and Waiting Time

The priority date determines when an applicant can proceed to the green card stage.

Applicants from high-demand countries may face longer waiting periods due to visa backlogs.

Remote Work Considerations

Remote work has become a key factor in PERM filings.

If the position allows remote work, this must be clearly stated in recruitment materials.

Failure to disclose telecommuting may result in audits or denials.

Layoffs and the 180-Day Rule

If the employer has laid off U.S. workers in the same or related occupation within 180 days before filing, additional obligations apply.

The employer may be required to notify and consider those workers for the role.

PERM Audits

Approximately 25% of PERM cases are audited.

Common audit triggers include:

• Foreign language requirements

• Overly restrictive job requirements

• Incomplete recruitment documentation

• Failure to disclose remote work

• Employer-employee relationships

Employers typically have 30 days to respond to an audit request.

Audit File Requirements

Employers must maintain a complete audit file for five years.

This includes:

• Approved prevailing wage determination

• Newspaper advertisements

• Job order records

• Notice of Filing documentation

• Recruitment evidence

• Applicant resumes

• Recruitment report

Common Mistakes

• Incorrect recruitment timelines

• Overly narrow job requirements

• Improper rejection of U.S. candidates

• Missing documentation

• Failure to disclose remote work

Even minor errors can result in denial.

Schedule A Occupations

Certain occupations are exempt from PERM recruitment, including:

• Registered nurses

• Physical therapists

• Individuals with exceptional ability in sciences or arts

However, some requirements such as wage determination still apply.

What Happens After PERM Approval?

Once PERM is approved, the employer must file Form I-140 within 180 days.

USCIS will then evaluate:

• Employer’s ability to pay

• Employee qualifications

• Consistency between PERM and I-140

Frequently Asked Questions

Can the employee pay for PERM costs?No. All PERM-related costs must be paid by the employer.

How long is PERM valid?

A certified PERM is valid for 180 days.

Does PERM guarantee a green card?

No. It is only one step in the process.

Does H-1B approval guarantee PERM approval?

No. They are separate processes.

PERM Lawyer in New York

The PERM process is one of the most technical stages of employment-based immigration.

Successful cases require:

• Accurate wage strategy

• Compliant recruitment

• Strong documentation

• Careful legal planning

Caglar & Associates, PLLC provides:

• Legal support for New York employers

• Nationwide immigration representation

Contact Information

Caglar & Associates, PLLC100 Church St, 8th Floor New York, NY 10007

Phone: +1 (646) 874-3575

Email: info@caglarpllc.com

Schedule a Consultation

If you are planning a PERM application or employment-based green card process, we encourage you to contact our office.

We can evaluate your case and guide you through each step with a strategic approach.