PERM Myths vs. Facts: What Employment-Based Green Card Applicants Need to Know

For highly skilled professionals worldwide—whether a senior engineer in Bangalore, a marketing executive in São Paulo, or a culinary professional in Manila—the promise of U.S. permanent residency (a green card) through employment-based immigration is a significant opportunity.

However, this path is often obscured by widespread apprehension surrounding the Program Electronic Review Management (PERM) process. Common concerns include the complexity of the PERM application, the perceived risk of audits and denials, and the notoriously lengthy processing timeline.

To clarify the realities of PERM, we address the most common myths with insight from immigration attorney Lorianne Cercenia, helping you better understand the actual risks of the process.

Myth #1: “PERM Lets Me Work in the U.S. Immediately!”

Fact: False.
The filing of ETA Form 9089 is a critical milestone, but it is only the first step in a multi-stage process. The PERM process itself does not grant work authorization.

To work legally in the U.S. while PERM is pending, beneficiaries must hold valid work authorization such as an H-1B, L-1, or Optional Practical Training (OPT).

Myth #2: “I Must Be Employed by the Sponsor Right Now!”

Fact: Not required.
The PERM Labor Certification is based on a future job offer and the employer’s intent to permanently employ the foreign national once the green card is approved. Current employment or visa status is independent of the PERM process.

The beneficiary:

• Does not need to be physically present in the U.S.
• Does not need to be currently employed by the sponsoring employer

Myth #3: “Startups and Small Businesses Can’t Do PERM!”

Fact: False.
Startups, small businesses, and nonprofit organizations regularly obtain PERM certifications. The determining factor is not company size or profitability, but the employer’s ability to pay the Prevailing Wage starting from the Priority Date.

This may be demonstrated through:

• Tax returns
• Audited financial statements
• Liquid assets

Myth #4: “My Employer Must Pay Me the Prevailing Wage Today!”

Fact: Incorrect.
Payment of the PERM Prevailing Wage is only required when the employee begins permanent employment as a lawful permanent resident.

While working under a nonimmigrant status (such as H-1B or OPT), the employer must meet the wage requirements associated with that status. The obligation to pay the PERM wage applies only to the future permanent position, and retroactive wage adjustments are not required.

Myth #5: “Foreign Language Requirements Automatically Lead to PERM Denial!”

Fact: Permissible with proper justification.
Foreign language requirements are allowed if they meet the Department of Labor’s business necessity standard.

Acceptable supporting evidence may include:

• Client contracts specifying language requirements
• Revenue data tied to foreign-language markets
• Historical correspondence or service records in the required language

Myth #6: “I Can Review Résumés or Interview U.S. Candidates!”

Fact: Strictly prohibited.
Beneficiary involvement in recruitment constitutes a direct conflict of interest and is an automatic violation.

The beneficiary must not participate in:

• Résumé screening
• Interviews
• Candidate rejections
• Recruitment documentation

These activities must be handled exclusively by HR or a designated company representative.

Myth #7: “PERM Filing Ruins My Tourist Visa (B-1/B-2)!”

Fact: False.
PERM is a labor market test filed by the employer and is not an immigrant petition. It does not trigger immigrant intent and has no impact on B-1/B-2 visa applications or entries.

Applicants should truthfully answer “No” to DS-160 questions regarding immigrant petitions and focus on demonstrating temporary intent and ties abroad.

Myth #8: “EB-3 Unskilled Is a Fast-Track Green Card!”

Fact: Not a shortcut.
Although the EB-3 Other Workers category requires less than two years of experience, the employer must still complete the full PERM recruitment process, including a 30-day job order and two Sunday newspaper advertisements.

In practice, this category often faces the longest visa backlogs, making it a slower option than EB-2 or professional EB-3 for many nationals.

Myth #9: “Employers Use PERM to Pay Foreign Workers Less!”

Fact: Impossible under the law.
The PERM process exists to protect U.S. workers and wage standards. The Prevailing Wage is determined by the Department of Labor using objective market data and must meet or exceed local wage rates. Any attempt to underpay a worker through PERM would constitute immigration fraud.

Myth #10: “PERM Only Takes a Few Months!”

Fact: Significantly longer.
As of now, PERM processing takes over two years from start to finish:

• Prevailing Wage Determination (PWD): 5–6 months
• Recruitment: 60–180 days
• DOL Processing: 16–18 months
• Audits (if issued): an additional 6–12 months

PERM Is a Predictable Marathon, Not an Unbeatable Monster

Although the PERM Labor Certification process requires patience, it is ultimately predictable when approached with proper planning and diligence. Most delays and denials stem from inadequate preparation rather than systemic unpredictability.

By understanding the facts and avoiding common misconceptions, employers and beneficiaries can significantly reduce audit risk and move forward with greater confidence.

Essential PERM Pro Tips

• Retain Experienced Immigration Counsel
  Avoid the risks of a do-it-yourself approach. Skilled legal guidance is the most effective protection against audit-triggering errors.
• Maintain Thorough Documentation
  Carefully document every step of the recruitment process, including advertisements, résumés received, and lawful rejection reasons.
• Monitor the Visa Bulletin
  Awareness of EB-2 and EB-3 backlogs is essential for realistic long-term planning.
• Establish Ability to Pay Early
  Ensure the employer can clearly document Ability to Pay the Prevailing Wage at the time of ETA 9089 filing.

The PERM Labor Certification is a required step in the employment-based green card process. With informed strategy, experienced counsel, and meticulous documentation, it can be navigated efficiently and successfully, clearing the way toward permanent residency approval.