Who this is for
- Skilled workers in jobs that require at least two years of training or experience
- Professionals in jobs that require a U.S. bachelor's degree or foreign equivalent
- Other workers in jobs that require less than two years of training or experience
- Workers with a permanent, full-time job offer from a U.S. employer willing to sponsor them
- Workers inside or outside the U.S., including people currently on H-1B or other statuses
Forms involved
| Form | Official name | What it does |
|---|---|---|
| ETA-9141 | Application for Prevailing Wage Determination | The employer asks the Department of Labor to set the minimum wage it must offer for the job. |
| ETA-9089 | Application for Permanent Employment Certification (PERM) | Filed by the employer with the Department of Labor after recruitment, to certify the job. |
| I-140 | Immigrant Petition for Alien Workers | The employer files this with USCIS, with the certified labor certification, to classify the worker as EB-3. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used by workers in the U.S. to apply for the green card when a visa number is available. |
| DS-260 | Immigrant Visa Electronic Application | Used by workers abroad to apply for an immigrant visa through a consulate. |
Step by step
- Prevailing wage requestThe employer files a prevailing wage request with the Department of Labor for the job and location.
- RecruitmentThe employer tests the U.S. labor market by advertising the job in the required ways and reviewing applicants in good faith.
- File PERMIf no qualified U.S. worker is found, the employer files Form ETA-9089 with DOL. The filing date usually becomes the worker's priority date.
- File Form I-140After DOL certifies the PERM, the employer files the I-140 with USCIS within the validity period, showing the worker qualifies and the employer can pay the offered wage.
- Wait for a current priority dateThe worker checks the Visa Bulletin each month; when their date is current for their country, they can move forward.
- Green card stageThe worker files Form I-485 in the U.S. or goes through consular processing abroad, then attends biometrics and any interview.
Documents usually requested
- Passport, birth certificate and immigration history
- Diplomas, transcripts and credential evaluation (for professional positions)
- Experience letters from past employers showing duties and dates
- Job offer and job description from the sponsoring employer
- Certified PERM labor certification (prepared by the employer)
- Employer's evidence of ability to pay, such as tax returns or financial statements
- Medical exam report (Form I-693) at the green card stage
- Marriage and birth certificates for family members
- Police certificates (for consular processing)
How long it takes
Timing depends on the Department of Labor's prevailing wage and PERM processing, any DOL audit, USCIS processing of the I-140, and the Visa Bulletin for the worker's country of birth. The visa backlog for some countries can be the longest part of the process.
Government filing fees
The PERM process has no DOL filing fee, but employers usually pay recruitment and legal costs and generally may not pass labor certification costs to the worker. Form I-140, Form I-485 and premium processing carry USCIS fees; check the fee schedule (G-1055) since amounts change.
Working and traveling while you wait
Workers usually keep working in their current status during PERM and the I-140. Once an I-485 is filed, they can generally apply for a work permit and advance parole, and some may be able to change to a similar job after the I-485 has been pending long enough.
Common mistakes to avoid
- Job requirements written around the worker's résumé rather than the real needs of the job
- Experience letters that don't show the exact duties and dates required by the PERM
- Missing a recruitment step or a deadline, which can lead to denial or audit
- Employer can't show ability to pay the offered wage from the priority date
- Not tracking the Visa Bulletin and missing the window to file the I-485
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
What is PERM labor certification?
PERM is the Department of Labor process where an employer proves there are no qualified, willing and available U.S. workers for the job at the prevailing wage. It includes a prevailing wage request, recruitment, and filing Form ETA-9089.
What is a priority date?
A priority date is your place in line for a green card. For EB-3, it is usually the date DOL received the PERM application, and you can move forward when that date is current in the Visa Bulletin for your country.
What is the difference between EB-2 and EB-3?
EB-2 is for jobs that require an advanced degree or for people with exceptional ability, while EB-3 covers skilled, professional and other workers. Both usually require PERM, but visa waits differ by category and country.
Can I change employers during the EB-3 process?
It depends on the stage. Changing employers before the I-140 is approved usually means starting over, but after an I-485 has been pending for a certain time, some workers can move to a similar job under portability rules.
Do I have to pay for my PERM?
Generally no. DOL rules say the employer must pay the costs of the labor certification, including recruitment and attorney fees for that stage. Costs for later stages can be handled differently.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.