PERM is the DOL labor certification most EB-2 and EB-3 green cards need before the employer files Form I-140. Prima.Law tracks every stage, from prevailing wage to the certified ETA-9089.
The employer, not the employee. DOL certifies there are not enough able, willing, qualified and available U.S. workers for the job.
Form ETA-9141 for the prevailing wage determination, then Form ETA-9089, both filed through DOL's FLAG system.
The date DOL accepts the ETA-9089 for processing becomes the priority date for the later I-140 and green card.
A certification is valid for 180 days. The employer must file Form I-140 with USCIS within that window or it expires.
Permanent labor certification lets an employer hire a foreign worker to work permanently in the United States. DOL certifies that there are not enough able, willing, qualified and available U.S. workers for the job. Filing is the responsibility of the employer, not the employee, and once DOL certifies the application, the employer seeks immigration approval from USCIS.
The employer first requests and receives a prevailing wage determination from the National Prevailing Wage Center, usually on Form ETA-9141. It then completes the recruitment steps required for the occupation type and the Notice of Filing under 20 CFR 656.10, and files Form ETA-9089, online in FLAG or by mail. The date DOL accepts the application becomes the priority date.
Supporting documents are not filed with the application, but the employer must provide them if the application is selected for audit or the Certifying Officer requests them. DOL guidance says the employer must keep this documentation for five years from the filing date. A certification is valid for 180 days for filing Form I-140.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
Prevailing wage, ads, the Notice of Filing and the ETA-9089 must happen in order and on time, and one misstep can force a restart.
How Prima.Law helps: The PERM template sets each stage as a case flow item with a proven checklist by active immigration lawyers; the employer uploads ads and records in the portal and staff mark items complete.
ETA-9141 and ETA-9089 entries in FLAG are long, and a slow or unavailable site can wipe out an hour of careful typing.
How Prima.Law helps: ETA-9141 and ETA-9089 data is prepared once in Prima.Law and the Chrome extension sends it into FLAG. If FLAG is slow, times out or goes down, the data stays safe and is sent again.
DOL can audit and demand recruitment records, and the certified ETA-9089 expires if the I-140 is not filed within 180 days.
How Prima.Law helps: Recruitment records stay organized in the case for any audit request, priority date tracking starts at the ETA-9089 filing, and USCIS receipt tracking follows the I-140.
The template lays out prevailing wage, recruitment, notice of filing, ETA-9089 and I-140 as case flow items with a matching checklist.
Autofill fills ETA-9141 and ETA-9089 fields from the employer and employee contacts, and the Chrome extension sends them into FLAG.
Record the ETA-9089 filing date as the priority date and track it through the I-140 and the green card stage.
The employer sees the shared case in the client portal and uploads recruitment ads, job descriptions and financial records.
The employer files Form ETA-9141 with the National Prevailing Wage Center, usually through FLAG.
The employer completes pre-filing recruitment and the Notice of Filing, if applicable to the occupation.
The employer files Form ETA-9089 in FLAG. DOL's acceptance date becomes the priority date.
Once certified, the employer files Form I-140 with USCIS within 180 days.
Registration, LCA, I-129, cap-exempt petitions, extensions and transfers.
National Interest Waiver self-petitions on Form I-140, no PERM needed.
EB-1A extraordinary ability, EB-1B researchers, EB-1C multinational managers.
All business immigration case types in Prima.Law.
Book a demo and see how Prima.Law handles PERM Labor Certification cases.