PERM Labor Certification Attorney
Labor certification process required for most employment-based green cards
Serving Grand Rapids, MI | Charlotte, NC | Nationwide
What is PERM Labor Certification?
Labor certification process required for most employment-based green cards
Who Qualifies?
Employer has permanent, full-time job available
Position requires minimum qualifications that foreign worker meets
Employer will pay prevailing wage determined by DOL
No qualified U.S. workers available for the position
The Process
Prevailing Wage Determination
Employer requests prevailing wage from DOL for the position and location.
Recruitment Process
Employer conducts mandatory recruitment following DOL requirements (ads, job postings, etc.).
Document Recruitment
Carefully document all recruitment efforts and reasons U.S. applicants were not qualified.
File PERM Application
Submit ETA Form 9089 electronically to DOL within 180 days of recruitment completion.
DOL Adjudication
DOL reviews application, may conduct audit, and certifies or denies.
Proceed to I-140
Upon approval, employer can file I-140 immigrant petition with certified PERM.
Required Documents
ETA Form 9089 (PERM Application)
Prevailing Wage Determination
Job description and minimum requirements
Recruitment documentation (ads, job postings)
Applicant information and recruitment results
Business necessity justification (if applicable)
Audit documents (if requested by DOL)
Processing Time
6-12 months (prevailing wage 2-3 months, recruitment 2-3 months, PERM processing 4-8 months)
Processing times are estimates based on current USCIS data and are subject to change. Actual times depend on individual circumstances and agency workload.
Common Challenges
Complex recruitment requirements - must advertise in specific ways
Cannot tailor job requirements specifically to foreign worker
Risk of audit requiring extensive additional documentation
Any qualified U.S. worker applicant must be considered
Position must exist at time of filing and at time of green card issuance
How We Help
At Elizabeth Rosario Law, we have extensive experience navigating these challenges. We provide comprehensive guidance, meticulous preparation, and vigorous representation to build a strong foundation for your case.
Frequently Asked Questions
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Why Choose Us?
15+ years of immigration law experience
Focused practice in PERM Labor Certification cases
Two convenient office locations
Serving clients nationwide
Compassionate, personalized service
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