PERM Labor Certification
The PERM labor certification is the first step in sponsoring an employee for a green card. We guide employers through every phase of this complex process, from prevailing wage to DOL approval.
The Process
PERM Timeline
The PERM process involves multiple government agencies and strict compliance requirements. Here is what to expect at each stage.
Prevailing Wage Determination
We submit a request to the Department of Labor to determine the minimum wage that must be offered for the position based on job duties and location.
Recruitment Process
Conduct a test of the labor market through mandatory advertising including job orders, newspaper ads, and additional recruitment steps for professional positions.
Recruitment Report
Document all recruitment efforts and evaluate U.S. worker applicants. Prepare detailed recruitment report explaining why any applicants were not qualified.
ETA Form 9089 Filing
Submit the PERM application electronically to the Department of Labor with all supporting documentation.
Requirements
PERM Eligibility
Full-Time Permanent Position
The job must be a full-time, permanent position that will be available when the green card is approved.
Prevailing Wage Offered
The employer must offer at least the prevailing wage for the position in the geographic area.
Normal Business Requirements
Job requirements must be consistent with what is normally required in the industry and cannot be tailored to the foreign worker.
Ability to Pay
The employer must demonstrate financial ability to pay the offered wage from the priority date onward.
No Qualified U.S. Workers
The recruitment process must show there are no minimally qualified U.S. workers available for the position.
How We Help
- Strategic job requirement analysis
- Compliant recruitment process management
- Prevailing wage strategy optimization
- Comprehensive audit preparation
- Priority date preservation planning
- Timeline coordination with visa status
Recruitment
Labor Market Test
DOL requires employers to conduct a good faith recruitment to test whether qualified U.S. workers are available. This process must be completed precisely and documented thoroughly.
Critical Compliance
Recruitment must follow strict timelines and documentation requirements. Advertisements must run on specific days, the job order must be active for exactly 30 days, and all applicant responses must be documented. Errors in recruitment are the most common cause of PERM denials and cannot be corrected after filing.
Audit Response
Handling DOL Audits
DOL audits are increasingly common, affecting approximately 30-40% of PERM applications. Proper preparation during recruitment makes audit responses straightforward.
Random Audit
DOL randomly selects applications for additional review. Requires submission of recruitment documentation and business necessity justification.
Targeted Audit
Triggered by specific concerns in the application such as unusual job requirements or layoffs. May require more extensive documentation.
Supervised Recruitment
DOL directs the employer to conduct new recruitment under their supervision. Rare but requires careful compliance with specific instructions.
Common Questions
PERM FAQs
How long does the entire PERM process take?
The complete PERM process typically takes 12-18 months from start to finish, including the prevailing wage determination (2-6 months), recruitment (2-3 months), and DOL processing (6-12 months). Audits can add 6-12 additional months.
Can an employee work while the PERM is pending?
The PERM itself does not provide work authorization. The employee must maintain valid work status (such as H-1B or L-1) throughout the process. We help plan for status maintenance during the green card process.
What happens if the PERM is audited?
Audits require submission of recruitment documentation and sometimes additional evidence. We prepare comprehensive audit response packages. Most audits result in approval if proper procedures were followed during recruitment.
Can job requirements be customized for a specific employee?
No. Job requirements must represent the actual minimum requirements for the position and be consistent with industry norms. Requirements cannot be tailored to a specific foreign worker, which would be considered fraud.
What if the employer has had layoffs?
Layoffs in the same or similar occupation within 6 months before or after filing require notification to affected U.S. workers and consideration of their applications. We carefully analyze layoff history before filing.
Can the PERM be transferred to a new employer?
No. PERM labor certifications are employer-specific and cannot be transferred. If an employee changes employers before the I-140 is approved for 180 days, the process must start over with the new employer.
Ready to sponsor your employee?
Let us help you navigate the PERM process with confidence. Schedule a consultation to discuss your green card sponsorship needs.