Don’t Let Your PERM Get Rejected When Applying for EB3 Visa

In the journey to settle in the U.S. through the EB3 Visa category, PERM labor certification plays a crucial role in determining the success of the entire EB3 application. Once PERM is not approved, all efforts and time invested become meaningless. This article from Newland USA will help you clearly understand the PERM process, potential risks, and how to protect your rights throughout the green card application process.

1. What is PERM in an EB3 application?

PERM (Program Electronic Review Management) is a labor certification document issued by the U.S. Department of Labor (DOL). This is not just a routine administrative procedure but a mandatory first step in the PERM process for the EB3 Visa category.

Essentially, this certification requires the U.S. employer to prove one important thing: there are not enough qualified and willing U.S. workers available for the position being recruited. Only after PERM is approved by the Department of Labor can the employer proceed to file the I-140 (Immigrant Petition for Alien Worker) for the foreign worker.

This means that if PERM is rejected right from the initial stage, your entire EB3 Visa application journey will be completely disrupted. Without labor certification, there is no I-140 petition, and of course, no path to a U.S. green card.

2. Serious consequences when PERM is not approved

Although the responsibility for completing the PERM process belongs to the U.S. employer, the foreign worker is the one who suffers the most severe impact when this certification is rejected.

2.1. Immigration timeline significantly extended

When PERM is not approved, the worker must wait for the employer to redo the entire process from the beginning. This time can extend from several months to many years, depending on the severity of the issue and the company’s ability to remedy it.

2.2. Loss of priority position on the Visa Bulletin

The Visa Bulletin determines the queue order for green card applicants. When PERM is rejected and must be redone, your filing date will be pushed back, causing you to lose the opportunity to immigrate sooner compared to those who filed later but had their EB3 application approved smoothly.

2.3. Sudden cost increases

Having to redo labor certification not only wastes time but also generates additional expenses: attorney fees, re-recruitment fees, administrative fees, etc. All of these can significantly increase your initially budgeted costs.

3. Common reasons leading to PERM rejection

In reality, most cases of labor certification not being approved stem from mistakes by the employer or immigration attorney, not from the worker. However, understanding these reasons will help you be more proactive in choosing partners.

3.1. Recruitment process not complying with regulations

The U.S. Department of Labor has very strict requirements regarding timing, posting channels, and recruitment notification methods. If the employer posts job advertisements at the wrong time as required, uses incorrect media channels, or doesn’t follow the proper sequence of steps in the PERM process, the certification application will be rejected immediately.

3.2. Unreasonable job description and candidate requirements

One of the most common reasons PERM is not approved is a job description that is too specific, “tailored” for the foreign candidate, or sets unnecessary requirements for that position. The Department of Labor can detect these “tricks” and will not approve the application.

3.3. Lack of documentation proving the recruitment process

The employer must maintain complete evidence of actively recruiting U.S. workers but being unable to find suitable candidates. If the documentation is incomplete or the recruitment report doesn’t meet DOL standards, PERM will be rejected.

3.4. Information errors and technical mistakes

Small discrepancies such as incorrect company information, wrong salary figures, or technical errors during the electronic filing process can also cause your entire EB3 application to stall.

An important note: workers can hardly intervene directly in this stage, but can completely protect their rights by choosing the right people and closely monitoring the progress.

4. How to minimize risks with PERM?

Although not directly executing the PERM process, workers can still proactively take certain measures to increase the success rate of their EB3 Visa application.

4.1. Choose reputable and experienced employers

This is the most important factor. You should prioritize U.S. businesses that have long-standing experience in recruiting international workers, have stable financial situations to ensure salary payment ability, and have a good recruitment history without being scrutinized by the Department of Labor.

A company with a solid foundation will clearly understand the PERM process and know how to ensure labor certification is approved on the first attempt.

4.2. Closely monitor application progress

Don’t leave your EB3 application in an “information blackout” state. Proactively contact your consulting firm to regularly update on the processing status. Early detection of errors can help save waiting time.

4.3. Work with reputable consulting firms

A professional immigration consulting firm not only helps you prepare personal documents but also plays a role in supervising the PERM process on the employer’s side. They have the experience to recognize abnormal signs and can intervene timely before problems become serious.

A good consulting firm will also help you prepare a backup plan in case PERM is unfortunately rejected.

4.4. Develop a clear backup plan

Always prepare a Plan B. If PERM fails with the current employer, you need a plan to redirect to another more reliable business. This helps you not lose too much precious time in your journey to the EB3 Visa.

5. The role of professional consulting firms in the PERM process

At Newland USA, we understand that PERM is the first and most important “gateway” in the immigration journey through the EB3 Visa category. Therefore, in addition to helping Vietnamese workers complete their personal EB3 application, we also:

• Closely supervise the entire PERM process on the U.S. employer’s side
• Coordinate directly with immigration attorneys and businesses to ensure all procedures are properly executed
• Provide early warnings of potential risks and timely solutions
• Propose backup plans to ensure your timeline is not disrupted

Thanks to this, Newland USA clients always have absolute peace of mind regarding progress, costs, and effectiveness throughout the EB3 Visa application process.

6. Conclusion

PERM is a very important starting step in the EB3 application. If this certification is rejected, workers will face many serious consequences regarding time, costs, and immigration opportunities, even though it’s not directly their fault.

Newland USA, with a team of experienced experts and the motto “Stable Settlement — Lifelong Prosperity,” is ready to advise and support in preparing applications and accompanying clients throughout the U.S. immigration process through EB3. Contact Newland USA immediately via hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.

Learn more:

• Latest Update on U.S. Immigration Costs in 2025
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• What You Should and Shouldn’t Do After Receiving a US Green Card
• 8 Common Mistakes That Cause EB3 Visa Applications to Be Delayed for Extended Periods