PERM Labor Certification
The most consequential step of the employment green card — designed right, it approves; designed wrong, it costs years.
Overview
PERM is DOL's test of the U.S. labor market: the employer defines the position's actual minimum requirements, obtains a prevailing wage determination, conducts mandatory recruitment, lawfully reviews U.S. applicants, and files ETA Form 9089 through the FLAG system.
PERM design is where cases are won or lost. Our firm runs a dedicated PERM operation with defined intake, wage, recruitment, and attorney-review stages, and we defend audits and reconsideration before BALCA when needed.
Who May Qualify
- A permanent, full-time bona fide job offer
- Requirements that are the employer's actual minimums (business necessity required for anything beyond normal)
- A prevailing wage determination and compliant recruitment
- No able, willing, qualified, available U.S. worker
- Employer ability to pay from the priority date
How We Help
- Job design: duties, requirements, SOC alignment, and wage-level strategy
- Prevailing wage filings and alternative survey analysis
- Recruitment management, resume review, and audit-ready recruitment reports
- ETA-9089 FLAG filings, audit responses, supervised recruitment, and BALCA appeals
The Process
- Intake and job design
- Prevailing wage determination (ETA-9141)
- Recruitment (30–180 day window)
- Quiet period, recruitment report, and attorney review
- ETA-9089 filing
- Certification → I-140
Frequently Asked Questions
How long does PERM take?
Roughly 12–18 months in typical cases — plus audit time if triggered.
What triggers a PERM audit?
Family relationships, foreign language requirements, combination occupations, and layoffs — we design to avoid them.
When should H-1B workers start PERM?
Early in the fifth year: a PERM or I-140 pending 365 days unlocks H-1B extensions beyond six years.
This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Immigration law is complex and fact-specific — please consult a qualified immigration attorney about your individual situation.