PERM Labor
Certification Services
The PERM Labor Certification is the first and most critical step for most EB-2 and EB-3 employment-based green card cases. It requires a U.S. employer to test the labor market and obtain certification from the U.S. Department of Labor (DOL) before filing an immigrant petition with USCIS.
Who Is Eligible
- Employers: U.S. businesses offering permanent, full-time positions and able to pay at least the prevailing wage.
- Foreign Nationals (Beneficiaries): Qualified professionals applying as Skilled Workers (EB-3), Professionals (EB-3), or Advanced Degree Holders (EB-2).
PERM Process (Step-by-Step)
Prevailing Wage Determination (PWD)
We file Form ETA-9141 with the Department of Labor to define the required wage for your position. Accurate wage determination helps prevent re-filing delays.
We handle all required recruitment steps:
a- Post a Notice of Filing for 10 consecutive business days.
b- Place a State Workforce Agency (SWA) job order for 30 days.
c- Run two Sunday newspaper ads (for professional roles) and additional recruitment steps if required.
Recruitment and Notice
Recruitment Report
We document every step of the process and provide lawful, job-related reasons for any applicant rejections — ensuring full compliance with DOL audit standards.
We prepare and submit Form ETA-9089 within 180 days of the first recruitment step, certifying job requirements, wages, and results.
File Form ETA-9089
After Filing
If the DOL issues an audit or supervised recruitment, our team prepares and submits a complete, compliant response. Once the case is approved, we move to Form I-140 and the green card stage (Adjustment of Status or Consular Processing).
Common Risks and How We Mitigate Them
| Risk | Mitigation |
|---|---|
| PERM Audit | Align job requirements with O*NET and industry norms; keep detailed recruitment records. |
| Ability to Pay (I-140 stage) | Review financials early; use tax returns, audited statements, or payroll to prove capacity. |
| Credential Mismatch | Obtain degree evaluations and experience letters in advance. |
| Visa Backlogs (Retrogression) | Prepare dual-track filings (EB-2 and EB-3) and plan early for I-485 or consular filing. |
| Experience RFEs | Provide detailed, date-specific experience letters on official letterhead. |
| Advertising Errors | Verify ad text, publication dates, and proofs before launch. |
Required
Documents
From Employer
- FEIN verification and business formation documents
- Organizational chart and job description
- Payroll, tax returns, or audited financials
- Recruitment ads, job orders, and recruitment reports
From Beneficiary
- Passport bio page and résumé/CV
- Diplomas, transcripts, and foreign credential evaluations
- Experience letters confirming duties and duration of prior employment
Typical Timeline
| Stage | Estimated Duration |
|---|---|
| Prevailing Wage Determination (PWD) | 6–12 months (varies by DOL workload) |
| Recruitment Period | ~60+ days (advertising + waiting) |
| ETA-9089 Adjudication | Several months to a year; audits extend processing |
| Next Stages | I-140 petition (premium processing available) + Adjustment or Consular Processing based on Visa Bulletin |
FAQ about
PERM Labor Certification Services
Can experience with the same employer qualify?
Only if it was in a substantially different position (50% different duties) per 20 CFR §656.17(i)
Can experience replace a degree?
Not when a degree is customarily required for the occupation.
Are remote or hybrid roles eligible?
Yes, but the primary worksite must be clearly defined for recruitment and prevailing wage purposes.
For Employers
If you’re an employer planning to sponsor a foreign worker for permanent residency, Kameli Law can manage your entire PERM process — from recruitment setup to certification approval.