What is a labor certification (PERM) and when is it used?

• A. A certificate from the Department of Homeland Security confirming work authorization for temporary workers.
• B. An approval from the Department of Labor for permanent resident status without employer sponsorship.
• C. A certification by the Department of Labor showing a U.S. job opportunity; used in most employment-based immigrant petitions.
• D. A visa category for high-skilled workers independent of employer sponsorship.

Answer: (C)

PERM is a Department of Labor labor certification process that proves there is a bona fide U.S. job opportunity and that qualified U.S. workers have been tested through required recruitment at or above the prevailing wage. This certification is a prerequisite for most employment-based immigrant petitions because, once the DOL approves the job offer through a certified ETA form, the employer can file the I-140 immigrant petition with USCIS. It’s not a visa or work authorization by itself, and it isn’t required for every case—some paths like certain extraordinary ability or national interest waivers can bypass PERM—but for the majority of employment-based green cards, PERM is the standard step to show the job opportunity exists and that hiring a foreign worker won’t negatively impact the U.S. labor market.