ETA Form 9089 | PERM Labor Certification Process

Before sponsoring a foreign national for certain green card categories, employers are generally required to test the U.S. labor market.

This process is intended to ensure that hiring the foreign national will not negatively affect U.S. workers.

As part of the PERM process, employers are usually required to:

• obtain a Prevailing Wage Determination
• conduct recruitment activities
• advertise the position
• review applicants
• document the recruitment process carefully

Only after successful completion of this process can the employer proceed with filing Form I-140 with U.S. Citizenship and Immigration Services (USCIS).

The specific recruitment steps in the PERM process depend on the offered position and the applicable case type. In general, employers must undertake a series of good‑faith recruitment efforts to test the U.S. labor market before filing the PERM application.

Typical recruitment activities may include:

• Newspaper advertisements in an appropriate area of intended employment
• Online job postings, including on the employer’s website or commercial job search sites
• State Workforce Agency (SWA) job orders
• Internal postings or notices of filing at the worksite
• Additional recruitment steps for professional positions (for example job fairs, campus recruitment, or industry‑specific publications)

Throughout the process, employers must keep detailed documentation of their recruitment efforts. This includes:

• Copies of all advertisements and postings, together with publication dates and places
• Records of all applicants, including résumés or applications received
• Notes on applicant screening and interviews
• Specific, job‑related reasons why any U.S. worker who applied was not qualified, available, or willing to accept the position

These records are crucial in case of a government audit, as they demonstrate that the employer made genuine efforts to recruit qualified U.S. workers before filing the PERM application.

PERM Labor Certification cases are highly technical. Even relatively small mistakes can create problems.

Common issues include:

• incorrect recruitment timing
• inconsistencies in job descriptions
• incomplete documentation
• wage-related problems
• typographical errors
• insufficient recruitment records

In some cases, the Department of Labor may issue an audit request for additional documentation before making a decision.

The entire ETA Form 9089 can be downloaded here: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089form.pdf.

Processing times vary significantly depending on government backlogs, prevailing wage processing, recruitment timing, and whether the case is audited.

Many PERM-based green card processes take several years from start to finish when including later immigration stages.

Legal support may be especially helpful:

• for employers sponsoring foreign workers
• companies with complex organizational structures
• prior PERM denials or audits
• long-term employment-based immigration planning.

An experienced PERM attorney can help design a compliant recruitment strategy, properly complete ETA Form 9089, and anticipate issues that could trigger audits or denials. Counsel can also coordinate the PERM case with later green card steps, such as the I‑140 petition and adjustment of status, so that the overall immigration strategy aligns with the company’s staffing and timing needs.