Glossary
What is a labor certification (PERM)?
A labor certification is the Department of Labor step that most EB-2 and EB-3 green cards need. Your employer files it before Form I-140. EB-1 and the EB-2 NIW skip it.
Last checked October 2026 · Sources
- Issued by
- US Department of Labor
- Rules
- 20 CFR Part 656
- Form
- ETA-9089, filed by the employer
- Valid for
- 180 days to file the I-140
Quick answer
What is a labor certification?
A labor certification, or PERM, is a Department of Labor finding about your job. It finds there are not enough able, willing, qualified and available US workers. It also finds that hiring you will not hurt US wages and working conditions. Your employer files it on Form ETA-9089. Most EB-2 and EB-3 cases need one. EB-1 and EB-2 NIW do not.
- The employer files it, not the worker.
- For PERM cases, the date the Department of Labor accepts it becomes your priority date.
- An approved certification must be filed with an I-140 within 180 calendar days.
- An NIW waives the job offer, and with it the labor certification.
Who needs it
Does your category need a labor certification?
| Category | Labor certification? | Rule |
|---|---|---|
| EB-1A, extraordinary ability | No | 8 CFR 204.5(h)(5) |
| EB-1B, outstanding professor or researcher | No (a job offer is still needed) | 8 CFR 204.5(i)(3)(iv) |
| EB-1C, multinational manager or executive | No (a job offer is still needed) | 8 CFR 204.5(j)(5) |
| EB-2, advanced degree or exceptional ability | Yes, or a Schedule A designation, unless waived | 8 CFR 204.5(k)(4)(i) |
| EB-2 with a national interest waiver | No, it is waived | 8 CFR 204.5(k)(4)(ii) |
| EB-3, skilled worker, professional or other worker | Yes, or a Schedule A designation | 8 CFR 204.5(l)(3)(i) |
Sources: 8 CFR 204.5, USCIS Policy Manual, Vol. 6, Part F, Ch. 5.
Why it matters for you
Why labor certification matters
-
It ties you to an employer
The employer files PERM for a specific job. The Department of Labor says filing is the employer’s job, not the employee’s. (DOL)
-
It adds a step before the I-140
See how it fits in the EB-2 PERM guide.
-
It sets your priority date
For PERM cases, your place in line starts when the Department of Labor accepts the application. (8 CFR 204.5(d))
-
You may be able to skip it
EB-1A and EB-2 NIW need no labor certification and no employer. A partner-firm attorney confirms whether you qualify. Read green cards without labor certification.
Where it comes from
The legal source
The Department of Labor rules are in 20 CFR Part 656. The two findings are in 20 CFR 656.1(a), and the 180-day limit is in 20 CFR 656.30(b)(1). The priority date rule is 8 CFR 204.5(d).
Go deeper
Related terms and guides
Matter of Dhanasar
The test for waiving the job offer and labor certification.
Read more GlossaryPriority date
Your place in the green card line.
Read more GlossaryForm I-140
The petition the labor certification supports.
Read more Visa guideEB-2 NIW
The EB-2 path with no labor certification.
Read moreFAQ
Questions people ask
It is the common name for the Department of Labor’s permanent labor certification program. Employers file on Form ETA-9089 through the FLAG system. (DOL)
No. The Department of Labor says filing is the responsibility of the employer, not the employee. (DOL)
No. USCIS says a waiver of the job offer also waives the labor certification, so you can self-petition. (USCIS Policy Manual)
It expires if it is not filed with a Form I-140 within 180 calendar days of the date the Department of Labor granted it. (20 CFR 656.30(b)(1))
No. The rule says neither a job offer nor a labor certification is required for extraordinary ability. (8 CFR 204.5(h)(5))
Could you skip PERM?
The free evaluation checks your record for EB-1A, EB-2 NIW and O-1, which need no labor certification. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- US Department of Labor, Permanent Labor Certification (PERM) program
- 20 CFR Part 656, Legal Information Institute, Cornell Law School
- 20 CFR 656.1, Legal Information Institute, Cornell Law School
- 20 CFR 656.30, Legal Information Institute, Cornell Law School
- 8 CFR 204.5, Legal Information Institute, Cornell Law School
- USCIS Policy Manual, Volume 6, Part F, Chapter 5
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
