You’ve spent months searching for the right person to fill that critical position at your Florida company. Dozens of interviews, countless resumes, and finally—success. You found someone with exactly the right mix of skills, experience, and cultural fit your business needs.
There’s just one challenge. They’re not a U.S. citizen or permanent resident yet.
This is where the Permanent Labor Certification process comes in. You might know it as PERM. And while it can look overwhelming at first, thousands of Florida employers use it successfully every year to sponsor talented foreign workers for green cards.
What Is PERM and Why Does It Matter for Florida Employers?
PERM stands for Program Electronic Review Management. Think of it as the first—and often longest—step in getting an employment-based green card for a foreign national employee. The U.S. Department of Labor oversees the whole thing, following federal regulations laid out in 20 CFR Part 656.
Here’s what it comes down to: The DOL wants proof that there aren’t enough U.S. workers who are able, willing, qualified, and available to take the job at the prevailing wage. They also need to know that hiring your foreign worker won’t hurt the wages or working conditions of similarly employed U.S. workers.
For Florida businesses in fast-growing sectors—technology, healthcare, hospitality, construction—PERM offers a legal path to keep valuable employees who might otherwise have to leave when their temporary work visas run out.
Does Your Position Require PERM?
Not every green card category needs labor certification. PERM applies mainly to two employment-based visa categories under 20 CFR 656.10:
EB-2 Second Preference covers professionals with advanced degrees (master’s or higher) or people with exceptional ability in sciences, arts, or business. The position must genuinely require an advanced degree or equivalent.
EB-3 Third Preference is broader. It includes skilled workers (needing at least two years of training or experience), professionals (requiring at least a bachelor’s degree), and other workers in positions requiring less than two years of training.
Some categories skip PERM entirely. If your employee qualifies as someone with extraordinary ability (EB-1A), an outstanding professor or researcher (EB-1B), a multinational manager or executive (EB-1C), or can show their work is in the national interest (EB-2 National Interest Waiver), you won’t need labor certification.
Schedule A occupations also get different treatment under 20 CFR 656.15. Right now, that includes professional nurses and physical therapists.
Breaking Down the PERM Process Step by Step
Defining the Job Opportunity
Start by clearly defining the position. You need to determine the actual minimum requirements based on what your business genuinely needs—not what your foreign worker happens to have. Under 20 CFR 656.17, the job must be full-time and permanent.
The requirements you set now will follow you through the entire process. If a U.S. worker applies who actually meets these requirements, your application could be denied. But you also can’t make requirements so specific that only your foreign employee could possibly qualify. The regulations say job requirements must represent your actual minimum standards for the position.
Obtaining a Prevailing Wage Determination
Next, you’ll file Form ETA-9141 with the National Prevailing Wage Center to get a prevailing wage determination (PWD). This is mandatory before filing the actual PERM application, as 20 CFR 656.40 spells out.
The prevailing wage is the average wage paid to similar workers in the geographic area where the job will be. You must offer at least this amount to both your foreign worker and any U.S. workers who apply during recruitment.
As of October 2025, prevailing wage determinations typically take five to eight months to process. The PWD stays valid for 90 days to one year from the determination date. You must start your recruitment or file your PERM application within that window.
Conducting Recruitment
Now you actively test the U.S. labor market by recruiting for the position. Requirements differ depending on whether the job is professional or nonprofessional.
For Professional Positions (typically requiring at least a bachelor’s degree), you must complete these mandatory recruitment steps:
- Place a job order with Florida’s state workforce agency at www.employflorida.com for at least 30 days
- Post two Sunday advertisements in a newspaper of general circulation where the job is located
- Conduct three additional recruitment steps from a list of ten acceptable options—job fairs, employer website postings, trade or professional organization postings, campus recruitment, or other methods
For Nonprofessional Positions, recruitment is less extensive. You only need the first two steps: the state job order and two Sunday newspaper ads. Unlike professional positions, you don’t need the three additional recruitment steps.
The entire recruitment process must happen between 30 and 180 days before you file the PERM application. After recruitment ends, wait at least 30 days (the “quiet period”) before filing. This ensures all responses have come in.
Reviewing Applications and Documenting Results
When applications arrive, review each one fairly and document your reasons for rejecting candidates. You can only reject applicants for lawful, job-related reasons. Someone lacking the required education, experience, or skills can be rejected. But you cannot reject candidates for discriminatory reasons or reasons unrelated to the job.
Keep detailed records. Federal regulations under 20 CFR Part 656 require you to maintain copies of the PERM application and all supporting documentation for five years from the filing date. This includes all recruitment materials, resumes received, interview notes, and documentation of why each U.S. worker wasn’t selected.
Here’s something important: The foreign worker who will benefit from the PERM cannot participate in the recruitment process at all. Your employee cannot review resumes, interview candidates, or otherwise influence the selection process. This prohibition is part of the federal regulations.
Providing Notice of Filing
Between 30 and 180 days before filing the PERM application, provide notice of the filing to your current employees. Post this notice in a conspicuous location at the worksite where the foreign worker will be employed. If there’s a union, provide notice to the bargaining representative instead.
Filing Form ETA-9089
After completing recruitment and the quiet period, you can file the actual PERM application using Form ETA-9089. Submit it electronically through the Foreign Labor Application Gateway (FLAG) system at https://flag.dol.gov or by mail.
The electronic system has several advantages. It checks for completeness before submission, provides immediate confirmation of filing, lets you track your case status, and upon approval, gives instant access to the certified labor certification.
How Long Does PERM Actually Take in 2025?
Florida employers should plan for a lengthy timeline. Based on current processing times in October 2025, here’s what you can reasonably expect:
- Prevailing Wage Determination: 5 to 8 months
- Recruitment Period: 2 to 3 months minimum
- PERM Processing at DOL: 15 to 16 months for non-audited cases
- If Audited: Add 6 to 12 months
The entire PERM process typically spans 22 to 27 months from start to finish, assuming no complications. About 25 to 30 percent of PERM applications get audit requests from the DOL, which significantly extends the timeline.
But PERM approval is just the beginning. After receiving certification, you must file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services within 180 days, or the certification expires. The I-140 typically takes 6 to 12 months to process, though premium processing is available for an additional fee. Finally, the employee must file Form I-485 (Adjustment of Status) or process through a U.S. consulate abroad, adding another 12 to 24 months.
All told, Florida employers should anticipate a three to four year journey from PERM filing to green card. Sometimes longer, depending on the employee’s country of birth, due to visa quota backlogs.
What Does PERM Cost and Who Pays?
The DOL doesn’t charge a filing fee for PERM applications. However, the process involves substantial other costs that you, as the employer, must bear.
Federal regulations at 20 CFR 656.12(b) explicitly prohibit the foreign worker from paying any fees or costs associated with PERM labor certification if an attorney represents both the employer and employee. This is typical in most cases. So employers must pay for:
- Attorney fees for PERM preparation and filing (typically $3,000 to $8,000)
- Newspaper advertising costs (often $500 to $2,000 or more, depending on the publication and location in Florida)
- Additional recruitment costs (job board fees, printing costs for job fair materials, etc.)
- Prevailing wage determination preparation
Total PERM-related costs for Florida employers typically range from $5,000 to $12,000 or more, depending on the complexity of the case and recruitment methods used.
After PERM approval, the rules change. You may negotiate with your employee regarding who pays for the I-140 petition filing fees and attorney fees. Many employers and employees split these costs or create repayment agreements where the employee reimburses the employer if they leave within a certain timeframe after obtaining permanent residence. The same flexibility applies to the I-485 adjustment of status filing, which the employee files independently.
What Happens If DOL Audits Your Application?
Receiving an audit notice doesn’t mean your application will be denied. It simply means the DOL wants to verify the information you provided. Audits are common, affecting roughly one-quarter to one-third of all applications.
If selected for audit under 20 CFR 656.20, you’ll receive a detailed request listing specific documents the DOL wants to review. These typically include:
- Original signed recruitment report summarizing the recruitment steps taken and results
- Copies of all advertisements with evidence of publication dates
- Resumes and applications received from U.S. workers
- Interview notes and detailed explanations for why each U.S. applicant was rejected
- Evidence of the prevailing wage determination
- Financial documents proving ability to pay the offered wage
You’ll have 30 days to respond to the audit request. The quality and completeness of your response significantly impacts the outcome. The case then returns to the processing queue, adding months to your timeline.
Can Your Employee Switch Jobs During PERM?
The PERM labor certification is specific to both the employer and the particular job opportunity. If your employee changes positions within your company, you may need to start the PERM process over if the new role has substantially different duties or requirements.
Similarly, if your employee leaves to work for a different employer, that PERM application becomes void. The new employer would need to file a new PERM application if they wish to sponsor the employee for permanent residence.
What About H-1B Workers? Can PERM Help with Extensions?
Yes. If your employee holds H-1B status and has a PERM application pending for at least 365 days, they may be eligible for H-1B extensions in one-year increments beyond the typical six-year maximum. This provision, often called the “365-day rule,” provides valuable relief for employees whose PERM cases are still pending as their H-1B time runs out.
The PERM application must have been pending for at least 365 days when the H-1B extension is requested, and the employee must be in valid H-1B status when applying for the extension.
What Mistakes Should Florida Employers Avoid?
Several common errors can derail PERM applications:
Setting job requirements that are too restrictive or don’t match actual business needs. If the DOL determines you’ve tailored requirements specifically to match only your foreign worker’s qualifications without business justification, your application will be denied.
Failing to properly document recruitment efforts. You must keep meticulous records of every step. Missing documentation can result in denials even if you actually conducted all required recruitment.
Inconsistencies between different forms and stages. The job duties, requirements, and wage information must remain consistent across the prevailing wage determination request, recruitment advertisements, and PERM application.
Missing deadlines. The PERM regulations contain numerous time-sensitive requirements. Filing even one day outside the permitted timeframe can mean starting over.
Allowing the foreign worker to participate in recruitment. The employee cannot review resumes, interview candidates, or otherwise influence the selection process. Doing so violates the regulations and will result in denial.
When Should You Start the PERM Process?
For Florida employers, the answer is almost always “earlier than you think.” Given that the full process from PERM filing through green card approval typically takes three to four years, you should consider beginning when your valued foreign national employee has at least two to three years remaining on their current work authorization.
Starting early provides a buffer for unexpected delays—audits, requests for additional evidence, or administrative processing slowdowns. It also reduces stress on both you and your employee, who may otherwise face gaps in work authorization as existing visas near expiration.
Key Takeaways
The PERM labor certification process allows Florida employers to sponsor foreign workers for permanent residence, but success requires careful planning and execution. Your business must prove that no qualified U.S. workers are available for the position while following strict recruitment and documentation requirements set by federal regulations.
The timeline is lengthy. Expect two to three years just for PERM and the subsequent immigration steps. Costs are substantial, and as the employer, you must bear the PERM-related expenses without passing them to your employee. However, for many Florida businesses in competitive industries, retaining talented foreign national employees justifies the investment.
Proper preparation makes the difference between approval and denial. Setting realistic job requirements, conducting thorough recruitment, maintaining detailed records, and filing accurate applications positions your case for success. Most employers find that working with someone familiar with the PERM process helps avoid costly mistakes and maximizes the chances of approval.
Frequently Asked Questions
How long does the entire PERM process take from start to finish?
Currently, the PERM process alone takes approximately 22 to 27 months from when you request the prevailing wage determination until you receive the certified labor certification from DOL. This includes the 5 to 8 month prevailing wage processing time, 2 to 3 months for recruitment, and 15 to 16 months for DOL to adjudicate the PERM application. If your case is selected for audit (which happens in roughly 25 to 30 percent of cases), add another 6 to 12 months. After PERM approval, you still need to complete the I-140 immigrant petition (6 to 12 months) and I-485 adjustment of status (12 to 24 months), making the total timeline from start to green card approximately three to four years.
Can I use the same PERM if I want to promote my employee or change their job duties?
No. The PERM labor certification is valid only for the specific job opportunity described in the application. If your employee’s position changes significantly—different duties, different location, substantially different requirements—you would need to file a new PERM application. Minor changes that don’t affect the fundamental nature of the position might not require starting over, but substantial modifications do. Additionally, if your employee changes employers entirely, the PERM becomes void and the new employer must file a fresh application.
What happens if a qualified U.S. worker applies for the position during recruitment?
If a U.S. worker who meets the stated minimum requirements applies for the position and is willing to accept the offered wage, you generally cannot proceed with the PERM application for your foreign worker. You would need to make a bona fide offer to the qualified U.S. worker. You can only reject applicants for lawful, job-related reasons—such as lack of required education, insufficient experience, or lack of specific skills listed as requirements. You cannot reject someone simply because you prefer your foreign national employee. This is why setting appropriate job requirements at the outset is so important.
Does an approved PERM give my employee work authorization?
No. An approved PERM labor certification does not provide work authorization on its own. It simply allows you to proceed to the next step—filing the I-140 immigrant petition. Your employee must maintain separate work authorization, such as H-1B status, throughout the green card process. Most employees continue working under their existing work visa while the green card application progresses through its various stages. Work authorization comes only after USCIS approves the I-485 adjustment of status application or after the employee obtains their immigrant visa and enters the United States.
What if my PERM application is denied?
If the DOL denies your PERM application, you have limited options for appeal. You may request reconsideration or review by the Board of Alien Labor Certification Appeals (BALCA), but the process is time-consuming and success is not guaranteed. In many cases, it’s faster to address the issues that led to denial and file a fresh PERM application. Common reasons for denial include incomplete recruitment, inconsistencies in the application, finding that job requirements are not justified by business necessity, or determining that qualified U.S. workers were improperly rejected. An experienced immigration attorney can help you assess whether an appeal makes sense or whether refiling is the better strategy.
Can I sponsor multiple employees through PERM at the same time?
Yes, you can file multiple PERM applications simultaneously for different employees, provided each application is for a genuine job opportunity and each position has distinct duties and requirements. However, if you’re laying off workers in related occupations at the same location, this could trigger additional scrutiny or requirements under the layoff provisions at 20 CFR 656.17(k). You must also demonstrate financial ability to pay the prevailing wage for each position.
Contact Us
If you’re a Florida employer considering sponsoring a foreign national employee for permanent residence through PERM, getting the process right from the start makes all the difference. The regulations are complex, the timeline is long, and mistakes can be expensive both in terms of money and time.
At Lim Krewson, we help businesses throughout Florida successfully manage the PERM labor certification process. Whether you’re just beginning to think about sponsoring an employee or you’re facing challenges with an application already in progress, we’re here to help you make informed decisions and move forward confidently.
The investment you make in your employees reflects your commitment to building a strong, talented workforce. When that workforce includes foreign nationals who’ve proven their value to your business, PERM provides the pathway to make their place in your company—and in America—permanent.
Ready to take the next step? Reach out to discuss your specific situation and how the PERM process might work for your business and your valued employees. Your team’s future could depend on the decisions you make today.