PERM
Permanent Labor Certification Program (PERM) is the process that employers must go through before applying for a visa for non-U.S. citizens if that employer wishes to employ within the United States. The employer must first go through a set of procedures attempting to hire U.S. employees, and only if unsuccessful may they apply for a labor certification for a foreign applicant. If a position does not qualify for an exception for national interests or for skilled-labor, a foreign employee must receive a labor certification to work long-term in the United States.
To receive a labor certification, the employer must first establish a legitimate job posting containing the accurate details of the work and experience requirements. After this, the employer must receive a prevailing wage determination that will set a minimum compensation for the job posting. This requirement ensures that the employers are not attempting to offer lower wages than what U.S. citizens will accept because they believe foreign employees will. The employer must then follow guidelines for posting the job for at least 30 days in different locations. Only if no qualified applications are submitted may the employer file for a labor certification for a foreign applicant. It is important to note that if the Department of Labor (DOL) suspects that the employer is not being honest in the process, the PERM application may be rejected or audited. For more information, see the DOL webpage on Foreign Labor Certification.
[Last reviewed in July of 2026 by the Wex Definitions Team]
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