PERM (Program Electronic Review Management) is the process by which U.S. employers demonstrate to the Department of Labor that there are no qualified, willing, and available U.S. workers for a specific position at the prevailing wage. A certified PERM application (ETA Form 9089) is required before the employer can file an I-140 immigrant petition under the EB-2 or EB-3 categories.

The purpose of the PERM process is to protect the U.S. labor market by ensuring that the employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Employers must conduct a good-faith recruitment effort and document that any U.S. applicants were rejected only for lawful, job-related reasons.

PERM is the employer's application — the employer is the applicant and bears the legal obligation to comply with all requirements. The foreign worker beneficiary is not the applicant and, by regulation, may not pay for or contribute to the costs of the PERM labor certification process, including recruitment expenses.

The prevailing wage is the average wage paid to similarly employed workers in the specific occupation and geographic area. For Seattle-area employers, wages are determined based on the Seattle-Bellevue-Tacoma metropolitan statistical area (MSA), which consistently ranks among the highest-wage regions in the country for technology, engineering, and professional occupations.

Prevailing wages are assigned at one of four levels (Level 1 through Level 4), reflecting increasing degrees of complexity, independence, and responsibility. The appropriate level depends on the actual requirements of the position and the degree of supervision involved. USCIS and DOL closely scrutinize whether the assigned wage level accurately reflects the position's requirements — overly low wage levels are a common basis for denials and audits.

Employers should request the prevailing wage determination well in advance of planned recruitment, as processing times at the National Prevailing Wage Center have been unpredictable and occasionally extended. Building in a buffer of several months for the PWD step is prudent planning.