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EXPLAINER · EVERY RULE QUOTED FROM AN OFFICIAL SOURCE · CHECKED OCTOBER 18, 2026

PERM and prevailing wage

What a PERM labor certification and a prevailing wage determination are, and how both come before the employer's Form I-140.

Many employment-based green cards start at the Department of Labor (DOL), not at USCIS. The key DOL approval is a permanent labor certification, usually called PERM. It is what allows an employer to hire a foreign worker for a permanent job.[1]

In most cases the employer needs this certification before it can file the immigrant petition with USCIS.[2]

What the Department of Labor certifies

DOL must certify two things to USCIS: that there are not enough U.S. workers able, willing, qualified and available to take the job where it is located, and that hiring the foreign worker will not hurt the wages and working conditions of U.S. workers in similar jobs.[3]

What a prevailing wage is

The prevailing wage is the average wage paid to workers in the same occupation in the area where the job is. DOL's rules require the wage offered to the foreign worker to be that rate.[4][5]

A prevailing wage determination (PWD) is the rate issued for a particular job by DOL's National Prevailing Wage Center (NPWC), part of the Office of Foreign Labor Certification (OFLC). For PERM, the employer must have a PWD before filing the PERM application.[6]

The employer asks for a PWD on Form ETA-9141.[7]

The basic PERM steps

DOL describes the PERM process in four basic steps.[8]

  • Step 1: identify a permanent, full-time job that may be filled by a foreign worker, and set the job's actual minimum requirements and duties.[9][10]
  • Step 2: request and receive a prevailing wage determination from the NPWC.[11]
  • Step 3: complete the required recruitment before filing, plus the Notice of Filing where it applies.[12]
  • Step 4: submit the PERM application, online through a DOL FLAG account (which needs a Login.gov account first) or by mail.[13][14]

How PERM leads to the I-140

Once DOL certifies the application, the petitioner (in PERM cases, the employer) uses it to file Form I-140 with USCIS. The certification is valid for a limited time: it expires 180 days after it is certified.[15][16]

The PERM filing also sets the worker's place in line. In categories that need a labor certification, the priority date is the date DOL accepted the labor certification application for processing.[17]

See it in the data

DOL's published PERM and prevailing wage processing times are recorded on the PERM and prevailing wage processing times page.

The next step is covered in Form I-140, and the place-in-line date in Priority date.

This page explains general rules in plain English. It is not legal advice and does not tell you what applies to your case. Each numbered source below is the official page the sentence comes from; read it before relying on anything here.

Sources

  1. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.”
  2. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA).”
  3. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.”
  4. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.”
  5. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “the U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.”
  6. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Employers must have a prevailing wage determination for the job opportunity issued from the Office of Foreign Labor Certification’s (OFLC’s) National Prevailing Wage Center (NPWC) prior to filing a PERM application.”
  7. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC).”
  8. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The process of obtaining a labor certification from OFLC under the PERM Program involves the following basic steps”
  9. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Step 1: Identify a permanent full time job opportunity that may be filled by a foreign worker”
  10. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The employer must determine the actual minimum requirements and job duties for the job opportunity”
  11. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Step 2: Employer must request and receive a valid Prevailing Wage Determination from the NPWC.”
  12. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Step 3: Complete Pre-filing Recruitment and Notice of Filing (If applicable).”
  13. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Prior to submitting an online PERM application, the employer must register an account with Login.gov and create a FLAG Account.”
  14. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “As an alternative, employers are allowed to mail in their applications.”
  15. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “the petitioner must file Form I-140, Immigrant Petition for Alien Worker , with USCIS within 180 days of the DOL approval date on the labor certification or else the labor certification is no longer valid.”
  16. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “all labor certifications expire 180 days from the date of certification”
  17. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Your preference category requires a labor certification from Department of Labor (DOL) DOL accepts the labor certification application for processing.”

Next: Form I-140 →