The PERM labor certification process has undergone significant changes in recent years, and 2025 brings new complexities that employers and immigration practitioners must navigate. With the introduction of the revised ETA 9089 form in 2023, expanding wage transparency laws, and evolving workplace arrangements, strategic planning is more critical than ever.
Key Trends Shaping PERM in 2025
1. Wage Transparency Best Practices
Wage transparency laws are becoming more common, affecting how employers handle PERM filings. Businesses can either adjust wage disclosures based on local rules or use a standard approach by sharing salary details in all job postings to stay compliant and simplify hiring. To reduce risks, employers should follow clear and consistent wage disclosure policies that meet legal requirements and align with their company’s pay structure.
2. The Impact of Remote, Hybrid, and In-Person Work on PERM
The rise of flexible work arrangements has introduced complexities in drafting job descriptions and defining work locations in PERM applications. Employers must consider
- Telecommuting language – clearly specifying remote work eligibility and primary worksite location.
- Hybrid work considerations – balancing physical office requirements with remote work expectations.
- Prevailing wage determinations – ensuring that geographic wage levels reflect remote or hybrid work locations.
Properly defining worksite requirements helps prevent potential denials and requests for evidence (RFEs) from the Department of Labor (DOL).
3. Key Considerations in the New ETA 9089 Form
The revamped ETA 9089 form, released in summer 2023, introduced changes that require a more strategic approach, particularly in the following.
- Strengthening SVP (Specific Vocational Preparation) requirements to ensure job duties align with prevailing wage determinations.
- Refining business necessity language to justify job requirements that exceed standard industry expectations.
Employers should review the updated adjudication trends and ensure their PERM applications reflect precise, well-documented justifications for specialized job requirements.
4. Recruitment Challenges in 2025
The PERM recruitment process has become more complex due to multiple factors.
- AI-driven job applications – Employers are receiving applications from automated tools, increasing the burden of genuine applicant reviews.
- Wage transparency laws – More applicants are drawn to positions with disclosed salaries, making it harder to filter qualified candidates.
- DOJ settlements impacting recruitment – Recent settlements have influenced how employers structure PERM recruitment to ensure fairness and compliance.
Employers must refine their recruitment strategies, ensuring that job postings and interview processes remain compliant while efficiently managing high applicant volumes.
5. Audit Triggers, Denial Patterns, and Processing Times
Since DOL processing times can be unpredictable, it’s important to know what might trigger an audit to avoid delays. Common red flags include:
- Job requirements that seem too strict, making it look like they exclude qualified candidates.
- Recruitment paperwork that doesn’t match the details in job postings.
- Unclear work locations, especially for hybrid or remote roles.
By proactively addressing these areas, employers can minimize RFIs (Requests for Information), audit risks, and denial rates, ensuring a smoother PERM process in 2025.
Final Thoughts
Navigating PERM in 2025 requires a proactive, strategic approach to stay ahead of evolving regulations and workplace trends. Employers must adapt their wage transparency policies, job descriptions, and recruitment strategies to comply with new laws while ensuring PERM applications remain accurate and defensible.
By understanding the challenges and best practices outlined above, businesses can effectively manage their PERM strategies in this new landscape, reducing risks and optimizing their chances of success.
How Imagility Simplifies PERM Compliance
Managing the evolving PERM process requires precision and efficiency. Imagility’s PERM automation streamlines labor certification by automating ETA 9089 form filling, document management, and compliance tracking. With advanced workflows and error-reduction tools, Imagility helps businesses and attorneys navigate complex immigration procedures with ease.
