What Is PERM Labor Certification?

PERM is the permanent labor certification process administered by the U.S. Department of Labor. The employer must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to perform the job, and that hiring the foreign worker will not negatively affect the wages and working conditions of U.S. workers in similar jobs. When required, PERM labor certification is a preliminary step that must be completed before an I-140 petition can be filed for the immigrant worker.

The first step is to determine whether the company has only begun preparing, whether the PERM application has actually been filed, and which applications any suspension notice covers. Routine processing delays, audits, and suspensions related to investigations are different situations. A long wait for a decision does not, by itself, mean that the application has been formally suspended. Its status should be verified through filing records and notices from the relevant agency.

A Suspension Is Not a Denial or a Final Finding of a Violation

20 CFR 656.31(b) allows the processing of applications involving an employer, attorney, or agent to be suspended when that party is under investigation for possible fraud or willful misrepresentation connected to PERM. The employer must receive written notice unless the investigating agency requests otherwise in writing.

The initial suspension under this provision may last up to 180 days. However, the responsible authority may resume processing some or all of the applications while an investigation or legal proceeding continues, or it may extend the suspension. Therefore, there is no legal guarantee that processing will resume after 180 days.

A suspension does not mean that the application has been denied or that the employee has been conclusively found to have committed a violation. However, a public announcement about a company does not replace the notice issued for a specific application. The legal basis and scope that apply to that application must be reviewed separately.

Which Deadlines Matter Depends on the Stage of the Application

The effect of a suspension on deadlines depends on the stage of the PERM application. Different deadlines matter for applications that have not yet been filed, are under review, or have been approved. The examples below explain these differences.

1. If the Application Has Not Yet Been Filed

Assumption: The company has completed its recruitment activities but has not yet filed the PERM application.

Example: The company published the required advertisements in July and August 2026 and planned to file the application on October 15. However, the acceptance of new applications from the company was suspended on October 8. Assume that this filing restriction remains in effect until March 2027. By then, the applicable 180-day recruitment deadlines may have passed, and the relevant steps may need to be repeated.

Conclusion: Recruitment timing rules apply to all PERM applications subject to those rules. A suspension may cause a company that has not yet filed its application to miss these deadlines. Keep in mind that the 30-day waiting period and the 180-day limit do not apply in the same way to every recruitment step. ecfr.gov

2. If a Prevailing Wage Determination Has Been Issued

Assumption: The company has received a prevailing wage determination, and the date its recruitment activities began is known.

Example: Assume that the wage determination is valid from April 1 through September 30. The company began the required recruitment process on September 1. Filing the application on November 15 does not mean that the wage determination is unusable simply because its validity period ended on September 30. The regulation allows the employer to either file the application or begin recruitment during the validity period. The other requirements for the application and recruitment process must also be met.

Conclusion: When processing is suspended, the expiration date of the wage determination is not the only factor to consider. The recruitment start date and the time between those activities and the filing of the application must be evaluated together. This is also a general rule in the PERM labor certification process. ecfr.gov

3. If the Application Has Already Been Filed (Must the Advertisements Be Published Again?)

Assumption: The PERM application was filed on time, met the required conditions, and was later suspended from processing.

Example: The company completed its advertisements and filed its application on September 15. Processing was suspended on October 8, and the application remained pending for months. The fact that more than 180 days have passed since the advertisements were published does not, by itself, require the company to publish them again. The relevant timing is evaluated based on the application’s filing date. Any later instructions from the agency must be reviewed separately. ecfr.gov

Conclusion: In the first example, a timing problem arose because the application had not yet been filed. Here, the application was filed on time.

4. If PERM Has Been Approved

Assumption: The company has received PERM approval but has not yet filed an I-140 petition based on that approval.

Example: Assume that a suspension of the company’s PERM processing is announced 120 days after approval. Unless a special provision applies, the company must track the remaining portion of the 180-day period for submitting the approved labor certification in support of an I-140 petition. It cannot assume that news of the suspension restarts or pauses that deadline. ecfr.gov

Three different 180-day periods must be distinguished here: the period governing recruitment timing, the period during which an approved PERM certification can be used, and the initial suspension period related to an investigation. The last of these may be extended, but it does not automatically pause the other deadlines. ecfr.gov

A Suspension Does Not Automatically Remove Other Application Requirements

Failing to respond to an audit letter or a request for additional documents because an application is suspended can have serious consequences. Under 20 CFR 656.20, the documents requested in an audit letter must be submitted within 30 days of the letter’s date. The Certifying Officer may, at their discretion, grant a one-time extension of up to 30 days. Missing the deadline may result in the application being denied. Without a specific notice or a separately granted extension, the deadline should not be assumed to be paused.

Assumption: The company has received an audit letter specifying a deadline for submitting documents.

Example: Assume that an audit letter dated October 1 requires the company to submit recruitment documents by October 31. Processing of the company’s PERM applications was suspended on October 8. The company should not assume that it can submit the documents later simply because its applications are already on hold. Unless it receives a separate notice that the response deadline has been paused or extended, it must follow the stated deadline.

Conclusion: Putting processing on hold is not the same as pausing the company’s response deadline. For audit letters, the regulation provides a 30-day response period, and the Certifying Officer may grant a one-time extension of up to 30 days. Requesting an extension does not mean that it has been granted. For other requests for additional documents, the deadline stated in the relevant letter must be checked. ecfr.gov

Document retention is also an ongoing obligation. Under 20 CFR 656.10(f), the employer must retain the application and supporting documents for five years from the filing date. Keeping advertisement records, applicant evaluations, the recruitment report, and agency correspondence organized makes it easier to prepare the application file for later reviews.

How Can a Change in Employer or Position Affect the Application?

PERM is based on a specific job opportunity. An approved labor certification is valid only for the job opportunity, foreign worker, and area of intended employment specified in the application. Therefore, a change in employer, job duties, or work location should not be assumed to have no effect on the existing application. Before changing jobs to avoid a delay, the relationship between the new job and the existing application must be reviewed, along with whether a new process is needed. ecfr.gov

Assumption: The PERM application was prepared for a specific position offered by a specific employer.

Example: Assume that an employee has a pending PERM application based on an accountant position at Company A. The employee wants to move to a job at Company B to avoid the delay. The employee cannot assume that the existing PERM application filed on their behalf can continue unchanged with the new company. Whether the new employer needs to begin a separate process must be evaluated.

Similarly, staying with the same company but moving to substantially different duties or a different area of intended employment may also require review.

Conclusion: PERM is not a personal document that an employee can use for any job. An approved certification is limited to a specific job opportunity, worker, and area of intended employment. Not every change automatically requires a new application, but it cannot be assumed that a change will have no effect. ecfr.gov

Layoffs May Create Additional Recruitment Requirements

A company’s layoff decisions may also matter for the application. Under 20 CFR 656.17(k), if layoffs occurred in the same or a related occupation in the area of intended employment during the six months before filing, the employer must document that it notified and considered potentially qualified laid-off U.S. workers for the position. This does not mean that every layoff automatically stops the labor certification process; the relevant circumstances must be reviewed.

Assumption: The company has not yet filed its PERM application and recently laid off workers in relevant positions.

Example: Assume that the company plans to file a PERM application for a software developer in October. In August, it laid off some U.S. workers in the same or a related occupation in the same area. In this situation, the company may need to notify those potentially qualified workers about the position, consider them for it, and document the results.

Conclusion: Not every layoff automatically prevents a PERM application from being filed. However, the six-month period before filing, the jobs performed by the laid-off workers, and the area of intended employment must be reviewed. This obligation is not limited to companies whose applications have been suspended. ecfr.gov

A PERM Application Does Not Replace Current Immigration Status or Work Authorization

A PERM application or approval does not, by itself, provide immigration status or work authorization in the United States. A suspension also does not automatically cancel or extend existing permissions. Employees in the United States must track the conditions and expiration dates of their immigration status and work authorization separately from the status of their PERM applications. The next steps in the immigration process should be planned alongside the steps needed to maintain current status and work authorization. ecfr.gov

Assumption: The employee is in the United States, and their current work authorization has a specific expiration date.

Example: Assume that the employee’s current work authorization expires on November 30 and their PERM application has been suspended. The employee cannot conclude that they may continue working simply because the green card process is ongoing. Whether a valid extension, an applicable automatic extension, or another form of work authorization is available must be evaluated separately.

Conclusion: The PERM process and the employee’s current right to stay and work have separate legal bases. A PERM suspension does not, by itself, end an existing permission to stay or work, nor does it extend its expiration date. ecfr.gov