How Labour Certification Protects Both Workers and Employers in EB‑3

When Nigerians first hear about the EB‑3 employment‑based visa, the benefits sound powerful: a permanent job in the United States, a green card for the worker and their family, and a clear path to long‑term stability.

But then, somewhere in the explanation, a strange phrase appears:

“First, the employer must do labour certification—PERM—with the U.S. Department of Labor.”

Many people switch off at that point. It sounds like complicated bureaucracy that only adds delay. Some informal agents even avoid explaining it properly, saying, “Don’t worry, we will handle it,” or pretending it is not really necessary.

Yet labour certification is one of the most important protections built into the EB‑3 process—for U.S. workers, for foreign workers like Nigerians, and for the employers who sponsor them.

Understanding how it works can help you see EB‑3 not as a risky shortcut, but as a structured, law‑backed pathway that keeps everyone safer.

What Is Labour Certification (PERM)?

“Labour certification” is the name given to a process run by the U.S. Department of Labor (DOL). The current electronic system is known as PERM (Program Electronic Review Management).

Before a U.S. employer can sponsor a foreign worker for EB‑3, they must first prove to the DOL that:

• There are not enough qualified, willing, and available U.S. workers for the specific job in the place where it will be performed, and

• Hiring a foreign worker will not negatively affect the wages and working conditions of similar U.S. workers.

If the DOL is satisfied, it issues a labour certification. Only then can the employer move to the next stage, filing an I‑140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS).

In simple terms, PERM asks:

“Is this job real, fairly paid, and truly hard to fill with local workers?”

If the answer is yes, the door opens for a foreign worker to be sponsored.

Why the U.S. Requires Labour Certification

The U.S. government has to balance two goals:

• Protecting U.S. workers, so they are not unfairly replaced or undercut by cheaper foreign labour.

• Allowing employers to bring in foreign workers when there are genuine shortages.

Without labour certification, unscrupulous employers could:

• Fire local workers and replace them with underpaid foreigners.

• Offer very low wages, knowing desperate migrants might still accept them.

• Create fake or exaggerated job openings just to bring in relatives or friends.

PERM is designed to stop this. It forces employers to prove the need and to offer fair, market‑level wages.

How the PERM Process Works

While the details are technical, the main steps look like this:

Define the Job

The employer, often with help from an immigration lawyer, clearly defines:

• Job title

• Duties and responsibilities

• Minimum education and experience required

• Work location(s)

They must do this honestly; exaggerating requirements or under‑describing the role can cause problems later.

Get a Prevailing Wage Determination

The employer requests a Prevailing Wage Determination (PWD) from the DOL. This is an official decision on the minimum salary that must be offered for that job in that region, based on U.S. wage data.

This protects both:

• U.S. workers, by ensuring employers cannot import cheaper labour to drag wages down.

• Foreign workers, by guaranteeing a floor wage that matches local standards for the role.

Recruit U.S. Workers

The employer must then advertise the job and try to recruit U.S. workers. Typical recruitment steps include:

• Placing job ads in newspapers or online platforms

• Posting with the state workforce agency

• Displaying internal notices at the worksite

They must keep records of:

• Where the job was advertised

• How long adverts ran

• How many U.S. applicants applied

• Why any suitable candidates were not hired (e.g., lack of required skills, unwillingness to relocate, etc.)

The employer cannot reject U.S. applicants for discriminatory reasons. If a genuinely qualified U.S. worker is available and willing, the employer should hire them instead of going ahead with foreign sponsorship.

File the PERM Application

If, after a good‑faith recruitment effort, the employer still cannot find enough suitable U.S. workers, they submit an ETA Form 9089 (PERM application) to the DOL, documenting:

• Job details

• Recruitment steps

• Results (number of applicants, reasons for non‑selection)

• Offered wage (which must meet or exceed the prevailing wage)

The DOL reviews the application. They may:

• Approve it

• Deny it

• Or “audit” it by requesting more information

Only after approval can the employer move to start your EB‑3 petition.

How Labour Certification Protects U.S. Workers

From the U.S. perspective, PERM shows that:

• Locals were given a fair chance at the job.

• The employer did not set artificially high or strange requirements to block Americans.

• The wage is competitive and complies with labour standards.

This matters politically and socially. Without such protections, there would be stronger opposition to employment‑based immigration. By respecting PERM, EB‑3 remains a stable, credible pathway rather than a controversial loophole.

For Nigerian applicants, this stability is good news: a category built on clear rules is less likely to be cancelled or abused.

How Labour Certification Protects Foreign Workers

At first glance, many migrants think PERM only protects Americans. But look closely and you’ll see it also shields you from exploitation.

Guaranteeing Fair Wages

Because the DOL sets a prevailing wage, employers cannot legally pay you far less than what they would pay a local worker in the same role. This reduces the risk of:

• Being trapped in a low‑paying job with no legal standards

• Discovering after arrival that others doing the same work earn much more

• Employers using desperation to pressure migrants into unfair deals

For example, if the prevailing wage for a food processing worker in a certain region is $X per hour, your EB‑3 job must pay at least that amount, often more.

Confirming the Job Is Real and Long‑Term

PERM requires detailed evidence of a genuine, full‑time job. This:

• Filters out fake offers created just to obtain a visa.

• Makes it difficult for employers to promise one thing to immigration authorities and another to you.

• Supports your ability to challenge unfair changes later; the job duties and wage are clearly documented.

Encouraging Responsible Employers

The PERM process takes time and money from employers. Those who go through it are usually serious about:

• Long‑term planning

• Compliance with labour laws

• Building a stable workforce

This is very different from some “fast‑cash” employers who want disposable labour and have no interest in paperwork. As a foreign worker, you are safer with employers willing to respect PERM.

How Labour Certification Protects Employers

Employers also benefit from PERM, even if they sometimes complain about the process.

Legal Security

By following PERM rules, employers reduce the risk of:

• Accusations of discriminating against U.S. workers

• Fines or sanctions from labour authorities

• Future legal challenges from employees

A properly certified labour application is like a shield: it proves the employer tried to hire locally but legitimately needed foreign staff.

Confident Long‑Term Hiring

Sponsoring a foreign worker through EB‑3 is a significant investment. Employers commit to:

• Recruitment costs

• Legal fees

• Training and integration

Knowing that labour certification backs this decision gives them confidence to extend multi‑year opportunities instead of short‑term contracts.

Why PERM Takes Time—and Why That’s Normal

From a Nigerian applicant’s viewpoint, PERM can feel slow. Department of Labor processing times often range from 8 to 10 months or more, especially if an audit is involved. When you add recruitment and preparation, the whole PERM stage may last close to a year.

It’s tempting to think:

“If this company or agent can give me EB‑3 without this long step, that must be better.”

In reality, skipping or faking PERM is extremely risky:

• If the U.S. government discovers that the process was not followed, your case can be denied or even revoked after approval.

• You could face future immigration bans for misrepresentation, even if you did not fully understand what was done on your behalf.

• The employer could face serious penalties, making them unwilling or unable to support you.

When you see PERM as a safety check rather than an obstacle, the waiting becomes easier to accept. It’s like a building inspection: you’d rather live in a house whose structure has been properly examined.

Red Flags: When EB‑3 Offers Ignore Labour Certification

Be cautious if you hear any of the following from an agent or “consultant”:

• “Our route is faster; we don’t need labour certification.”

• “We have special connections, so we bypass the Department of Labor.”

• “You’ll go on a visitor or student visa first; we’ll convert it to EB‑3 later without all these steps.”

These are strong signs of non‑compliance. No genuine EB‑3 route can permanently avoid the labour certification requirement. While there are a few narrow legal exceptions in other categories, they do not apply to the typical employer‑sponsored EB‑3 pathway marketed to Nigerian workers.

If someone cannot explain PERM clearly—or gets defensive when you ask about it—they probably are not dealing with a legal process.

What Nigerian Applicants Should Do During the PERM Stage

While your employer and their lawyer handle most of the technical work, you are not powerless during PERM. You can use this period to:

• Organise your documents – passports, birth certificates, marriage certificates, education records, work reference letters.

• Improve your skills – take short courses related to your EB‑3 role, practice English communication, learn about U.S. workplace culture and safety standards.

• Plan your finances – build a relocation savings plan to cover government fees, medicals, tickets, and initial settlement costs.

• Prepare your family – discuss timelines, schooling, housing, and emotional adjustments with your spouse and children.

In this way, PERM becomes a productive waiting period, not wasted time.

How InvestMigrate Handles Labour Certification

InvestMigrate was built on a mission: protecting families from unsafe migration practices. Respecting labour certification is a core part of that mission.

Working with regulated immigration counsel and vetted U.S. employers, InvestMigrate:

• Ensures every EB‑3 job goes through the required PERM process.

• Verifies that wages meet or exceed the prevailing wage.

• Confirms that job descriptions and requirements are realistic and not designed to hide discrimination.

• Keeps clients informed about typical PERM timelines and what to expect.

This approach may not be the fastest on paper, but it is designed to be safe, defensible, and future‑proof for your family.

A Safety Net, Not Just Paperwork

At first glance, labour certification looks like a long form with a strange name. But when you dig deeper, you see it is one of the main reasons EB‑3 is such a respected and durable immigration category.

PERM:

• Protects U.S. workers from unfair competition.

• Protects you from fake jobs and unfair wages.

• Protects employers from legal trouble.

• Keeps EB‑3 credible in the eyes of the public and lawmakers.

So the next time you hear someone complain, “This labour certification is slowing everything down,” remember:

It is also the structure that makes your opportunity real and secure, not a house of cards.

If you are a Nigerian professional, skilled worker, or motivated individual considering EB‑3, and you want to pursue a path that respects all the legal safeguards—including labour certification—you can start with a structured assessment:

Sign up in the lead form.

A safe future is built slowly and carefully. PERM is one of the tools that ensures the foundation of your American dream is strong enough to last.