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EB5 Status

PERM (Program Electronic Review Management)

Also known as: PERM labor certification, permanent labor certification, ETA Form 9089

Process · EB-5 Glossary

Definition

Program Electronic Review Management (PERM) is the Department of Labor’s system for processing labor certification applications. Employers must demonstrate through a prescribed recruitment process that there are no minimally qualified U.S. workers available for the position at the prevailing wage. PERM approval is a prerequisite for most EB-2 and EB-3 immigrant petitions (the NIW subcategory of EB-2 is exempt). The PERM process typically takes 6–12 months and involves prevailing wage determination, recruitment, and DOL review.

Context

The Department of Labor process that employers must complete to prove no qualified U.S. workers are available for a position, required for most EB-2 and EB-3 petitions.

Official Data|20 CFR § 656; INA § 212(a)(5)(A)

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