H-1B Guide Β· 2026

PERM Labor Certification 2026: Your H1B Green Card Starting Line

PERM (Program Electronic Review Management) labor certification is the first step for most employment-based green cards. Here is how it works.

**What PERM does:** PERM proves to the Department of Labor that no qualified US workers are available for your position at the prevailing wage. Only after PERM is approved can your employer file I-140 (Immigrant Petition for Alien Workers).

**PERM recruitment requirements:** Your employer must conduct a mandatory recruitment process over 30–180 days: - Job posting on Sunday newspaper of general circulation (2 consecutive Sundays) - 3 additional recruitment steps from a menu of options (job fairs, company website, professional journals, etc.) - Internal job posting for 10 consecutive business days - Post a Notice of Filing at the worksite for 30 days - Maintain documentation of all recruitment efforts and results

**PERM timeline (2026):** - Prevailing wage determination (PWD): 4–8 months from DOL - Recruitment period: 30–180 days after PWD - PERM application filing: 180 days after completing recruitment - DOL processing: Standard 6–18 months; Audit track 12–36+ months

**PERM audit triggers (avoid these):** - Overly restrictive requirements (specific degree from specific university) - Job duties that don't match the actual job - Salary below prevailing wage - Incomplete recruitment documentation - Inconsistency between PERM job and I-129 H1B petition

**After PERM approval:** File I-140 (Immigrant Petition). After I-140 approval, your priority date is set. For Indian nationals, the wait for EB-2 I-485 filing could be 50+ years from priority date. Consider EB-1A/EB-1C/NIW to avoid this backlog.

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