PERM Labor Certification Guide
Complete guide to the PERM labor certification process for EB-2 and EB-3 green card applicants
PERM Process Timeline
Understanding each step of the labor certification process
Employer files ETA Form 9089 with Department of Labor
Department of Labor reviews the application
Labor certification is approved
Employer files Immigrant Petition for Alien Worker
Applicant files Adjustment of Status
State-by-State Approval Rates
PERM labor certification approval rates and average processing times by state
| State | Approval Rate | Avg Processing Time |
|---|---|---|
| California | 87% | 18-24 months |
| Texas | 84% | 16-22 months |
| New York | 89% | 20-26 months |
| Illinois | 82% | 17-23 months |
| Florida | 80% | 18-24 months |
| Massachusetts | 91% | 19-25 months |
| Washington | 86% | 17-23 months |
| Colorado | 83% | 16-22 months |
PERM FAQs
On average, PERM labor certification takes 18-24 months from filing to approval. However, this can vary by state and complexity of the case. Some states process faster (16-18 months) while others may take 24-30 months.
The overall PERM labor certification approval rate is approximately 85%. Approval rates vary by state and industry. States like Massachusetts and New York have higher approval rates (89-91%), while some states have lower rates (80-82%).
Generally, you cannot change jobs during PERM labor certification without restarting the process. However, you may be able to transfer the case to a related position with the same employer. Consult with an immigration attorney for specific guidance.
If PERM is denied, you can file an appeal within 30 days. If the appeal is also denied, you must start the process over with a new PERM application. The entire process can take an additional 18-24 months.
You do not need to be physically present in the U.S. for PERM labor certification. However, you must be available for any required interviews or examinations. Most of the process can be completed while you are outside the U.S.
Need Legal Guidance?
PERM labor certification is complex. Consult with a qualified immigration attorney to ensure your application is filed correctly and maximize your chances of approval.
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