What Is DOL
The Department of Labor (DOL) is the federal agency responsible for certifying that a foreign worker's employment will not negatively affect job opportunities, wages, or working conditions for U.S. workers. In employment-based immigration, DOL certification is a mandatory step for most visa categories, including EB-2, EB-3, and some EB-1 positions. This certification happens before you can file Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
When DOL Certification Is Required
DOL involvement depends on your visa category and your employer's situation. Most employment-based green card applicants need PERM labor certification through DOL. The major exception is outstanding ability immigrants (EB-1A) and some multinational executives (EB-1C), who can skip DOL entirely and file I-140 directly with USCIS. For EB-2 and EB-3 positions, DOL certification is non-negotiable and typically takes 6 to 24 months, depending on the occupation and labor market conditions.
The DOL Process
- Prevailing Wage Determination: Your employer requests a Prevailing Wage determination from DOL, which sets the minimum salary your position must offer. This wage covers all workers performing similar work in your geographic area.
- PERM Labor Certification: Your employer files Form ETA 9089 (Application for Permanent Employment Certification) with DOL's Employment and Training Administration. This form documents that your employer conducted a good-faith recruitment effort and found no available U.S. workers willing and able to do the job.
- Recruitment Requirements: DOL mandates specific recruitment steps, including ads in newspapers of general circulation, job search websites, and in-house postings. Your employer must also use a state employment agency. Documentation of all recruitment efforts must accompany the PERM application.
- Case Processing: DOL may approve your PERM case or issue a Notice of Findings (NOF) requesting additional information. If denied, your employer cannot refile the same position for six months.
- Post-Approval: Once DOL approves PERM, your priority date is established. You can then proceed to adjustment of status (if you're in the U.S.) or consular processing (if you're abroad) through USCIS.
Timelines and Priority Dates
DOL processing times vary significantly. In 2024, PERM cases averaged 6 to 18 months from filing to decision, though some cases take longer if DOL requests additional evidence. Your priority date (the date your PERM was filed) determines your position in the green card queue for visa availability under the Visa Bulletin. This matters critically if you're from a country with long visa backlogs, like India or China, where priority date movement can take years.
Common Questions
- Can I change jobs while my PERM is pending? No. Changing employers typically invalidates your PERM application. You can change jobs only after USCIS approves your I-140 petition and your priority date is current. The rules differ slightly if you're already in adjustment of status or pursuing consular processing, so consult your immigration attorney.
- What happens if DOL denies my PERM? Your employer can refile the PERM for the same position after six months have passed from the denial date. However, your priority date resets to the new filing date. Your employer must also repeat the recruitment process.
- Do all countries face the same PERM processing times? Yes, processing times are similar regardless of your nationality. However, visa availability after PERM approval depends heavily on your country of birth. India and China have decades-long backlogs, while most other countries face current or near-current visa availability.