Most employer-sponsored green cards run through PERM labor certification: the company proves no qualified U.S. worker is available, then sponsors the employee through EB-2 or EB-3. Here’s the whole perm visa guide, in plain English.
Qualified U.S. workers available: what the recruitment must prove before DOL certifies.
Filed with USCIS on certification. The PERM filing date becomes your priority date.
Of progressive experience plus a bachelor’s can qualify a role for EB-2.
Four things make or break a PERM case: the offer, the category, the credentials, and when you met the requirements. These are the heart of the perm process immigration turns on.
A permanent, full-time U.S. job offer.
The role requires an advanced degree (or a bachelor's + 5 years of progressive experience), or the worker has exceptional ability.
Professionals (bachelor's), skilled workers (2+ years of training or experience), and other workers.
In most cases, the worker met the job's stated requirements before joining. Requirement-drafting is where cases are won or lost.
One PERM machine feeds two immigrant categories, decided by what the role requires and what the worker brings.
The eb-2 visa is for roles requiring an advanced degree, or a bachelor's plus 5 years of progressive experience, or workers of exceptional ability; the eb 2 visa requirements and eb2 visa eligibility both turn on that. ADVANCED DEGREE.
Advanced Degree
The eb-3 visa is for professionals with a bachelor's, skilled workers with 2+ years of training or experience, and other workers, and the eb-3 visa requirements set those tiers. BACHELOR'S OR 2+ YEARS.
Bachelor’s or 2+ Years
Obtain a Prevailing Wage Determination (Form ETA-9141) from DOL.
Run the mandated recruitment: state workforce job order, advertisements, and additional steps for professional roles, documented meticulously.
File the PERM application (Form ETA-9089). Audits are common and extend the timeline.
On certification, file Form I-140 with USCIS. The PERM filing date becomes the priority date.
When the Visa Bulletin reaches that date (waits vary sharply by country), finish via I-485 adjustment or consular processing, with AC21 portability protecting long-pending workers who change jobs. The eb-2 visa to green card and eb3 visa to green card paths both run through this final step.
The Prevailing Wage Determination request, filed with DOL.
The PERM labor certification application, filed after recruitment.
the USCIS immigrant petition, filed on certification.
The adjustment application, filed when the priority date comes current.
PERM audits extend the timeline, and a flawed recruitment can sink years of waiting. Document every step meticulously, from the job order to each advertisement.
PERM is unusual: the government charges nothing to file it. Neither the prevailing wage request nor the ETA-9089 carries a fee. The real spend at this stage is the mandated recruitment, which varies with the occupation and the required ads, and by regulation the employer must carry those costs and the PERM legal fees. Government filing fees begin at the I-140 and finish with the green card application itself.
| Item | Amount | Notes |
|---|---|---|
| Family petition (Form I-130) | $675 paper / $625 online | Filed by the sponsor; starts every family case |
| Green card in the U.S. (Form I-485) | $1,440 per applicant | Biometrics included; children under 14 filing with a parent pay $950 |
| Immigrant visa abroad (Form DS-260) | $325 per applicant | Paid to the National Visa Center, plus a $120 affidavit of support review fee per case |
| USCIS immigrant fee | $235 per person | Consular path only; paid after visa issuance so the physical card is produced |
| Removing conditions (Form I-751) | $750 | For marriages under two years old at approval; filed before the two-year card expires |
| PERM stage (ETA-9141 + ETA-9089) | $0 in filing fees | The employer pays the recruitment ads and PERM legal costs, and cannot pass them to the worker |
| Immigrant petition (Form I-140) | $715 | $665 online; plus the Asylum Program Fee: $600 standard, $300 for small employers, $0 for nonprofits |
| Premium processing the I-140 (optional) | $2,965 | Rate effective March 1, 2026; speeds the petition, not the PERM, the visa queue, or the e1 visa processing time |
| Adjustment of status (Form I-485) | $1,440 per person | $950 for a child under 14 filing with a parent |
| Work and travel permits while the I-485 pends (optional) | $260 + $630 | I-765 work permit filed with the I-485, and I-131 advance parole |
| Consular alternative (DS-260) | $345 per person | Employment-based immigrant visa fee, paid abroad instead of filing the I-485 |
The employer must pay everything through certification: the ads, the job order, and the PERM legal work. From the I-140 forward, the rules allow the worker to pay, and families often cover the I-485 stage themselves. Sorting this out in writing at the start prevents friction later.
No. The regulation prohibits the employer from seeking or accepting any payment for the PERM process, and a violation can invalidate the certification the whole case sits on. It is not a corner worth cutting.
A materially different job usually needs a fresh PERM. The good news: once an I-140 is approved, the priority date survives and attaches to later filings, so the years already spent in line are not lost.
After the I-485 has been pending 180 days, portability lets you move to a same-or-similar job without restarting. Before that point, a new employer generally means a new PERM with the old priority date carried forward.
Because the Visa Bulletin rows move independently, and some months the EB-3 line is shorter for a given country. Employers sometimes file a second I-140 in the other category using the same PERM, keeping both lanes open.
What triggers a PERM audit?
Some audits are purely random. Others follow patterns: recent layoffs in the occupation, unusually specific requirements, a family relationship between worker and owner. We prepare every file as if the audit letter is already coming.
Every case is different. Tell us your story. The evaluation is free, and our perm lawyer team tells you exactly which path fits.
