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PERM labor certification is a Department of Labor process where your employer proves there are no able, willing, and qualified U.S. workers for the job; EB-3 applicants generally must have an approved labor certification before the I-140 is filed.
Most EB-3 cases require the employer to first obtain a permanent labor certification from the U.S. Department of Labor through the PERM process. The employer tests the U.S. labor market by recruiting for the role and must show that there are no able, willing, qualified, and available U.S. workers for the position, and that hiring you will not adversely affect wages and working conditions of U.S. workers.
The employer files Form ETA-9089 with the Department of Labor. The date that form is received becomes your priority date, which is important for your place in line. Only after the labor certification is approved can the employer file the Form I-140 petition with USCIS. This labor market test is a defining feature of EB-3 and a common source of delay.
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