H-1B Compass
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Glossary · USCIS forms

PERM (Labor Certification)

DOL-approved labor certification — the first step of the employment-based green card process before the I-140.

PERM (Form ETA-9089) is the labor-market test that confirms there are no qualified US workers for the role. Filed by the employer with DOL before the I-140 can be filed. PERM filing dates establish your priority date for EB-2/EB-3 (note: I-140 dates establish the priority date for EB-1). PERM-pending for ≥365 days unlocks a 1-year H-1B extension under AC21 §106(a).

Sources & official references

  • AC21 §106(a)1-year H-1B extensions beyond the 6-year cap when 365+ days have passed since labor certification (PERM) was filed.

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