PERM Labor Certification for Employment-Based Green Cards

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396
Price range: Free Consultation
Rating: 4.7

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PERM (Program Electronic Review Management) labor certification is the first step in most employment-based green card cases in the EB-2 and EB-3 preference categories. Under INA § 212(a)(5)(A) and 20 CFR Part 656, an employer must demonstrate to the Department of Labor (DOL) that no qualified, willing, and available US workers can fill the position at the prevailing wage before sponsoring a foreign national for permanent residence.

The PERM process involves several phases: obtaining a prevailing wage determination from DOL, conducting a mandatory recruitment campaign to test the US labor market, documenting the results of that recruitment, and submitting the ETA-9089 application to DOL. If DOL certifies the application, the employer can then file an I-140 immigrant petition with USCIS on behalf of the sponsored employee. The entire process requires strict compliance — errors or incomplete recruitment documentation can result in denial or audit.

JLA Law Group works with Georgia employers and their sponsored employees through every stage of the PERM process. We advise on job description requirements, prevailing wage categories, recruitment strategy, and documentation standards. For employees, we help navigate the priority date system and plan for adjustment of status or consular processing once a visa number becomes available.

Steps You Should Take

Obtain Prevailing Wage Determination

The employer submits a prevailing wage request to DOL's OFLC using the ETA-9141 form. We draft the job description carefully to accurately reflect duties and required qualifications while obtaining the most favorable wage level classification.

Conduct Mandatory Recruitment

We guide the employer through the mandatory recruitment steps under 20 CFR § 656.17, including newspaper advertisements, the state job order, and three additional recruitment steps. We advise on documentation standards for each step.

Document Recruitment Results

The employer must evaluate all US worker applicants and document lawful, job-related reasons for rejection of any qualified US applicants. We help employers apply consistent, documented selection criteria and preserve all required records.

File ETA-9089 and Proceed to I-140

We prepare and file the PERM application with DOL. Upon certification, we file the I-140 immigrant petition with USCIS to establish the priority date. Call JLA Law Group at (770) 609-9396 for a PERM strategy consultation.

Frequently Asked Questions

What is the prevailing wage requirement in PERM?

The employer must pay at least the prevailing wage for the position as determined by DOL's Office of Foreign Labor Certification (OFLC). The prevailing wage is based on the job duties, required qualifications, and the geographic location of the position. Paying below the prevailing wage is grounds for denial.

What recruitment must the employer conduct?

Under 20 CFR § 656.17, employers must conduct specific mandatory and optional recruitment steps. Mandatory steps include two Sunday newspaper ads and a 30-day job order with the State Workforce Agency. Three additional steps from a list of ten options are also required. All recruitment must occur during a specific window before filing.

How long does the PERM process take?

DOL processing times fluctuate significantly. Standard processing has ranged from 6 months to over 2 years depending on DOL backlogs. If selected for audit, processing can take an additional 12 to 24 months. Planning ahead is critical given these timelines.

What happens if my PERM is audited?

DOL may randomly audit any PERM application or audit based on specific concerns. An audit requires submitting extensive recruitment documentation within 30 days. We prepare complete audit response packages with all required evidence to minimize delay and risk of denial.

Does PERM lock in my priority date?

Yes. The priority date for EB-2 and EB-3 cases is established when the PERM application is filed with DOL (or when the labor certification was first filed for cases grandfathered under 245(i)). Protecting your priority date is one of the most important strategic considerations in employment-based immigration.

Applicable Laws

INA § 212(a)(5)(A) / 8 U.S.C. § 1182(a)(5)(A)Labor certification requirement: establishes that aliens seeking employment-based immigrant visas in most categories must have DOL certification that no qualified US workers are available and that employment will not adversely affect US workers.

20 CFR Part 656DOL regulations governing the PERM labor certification process, including prevailing wage requirements, mandatory recruitment steps, application procedures, audit process, and grounds for denial.

20 CFR § 656.17Specific recruitment requirements for professional positions, including mandatory advertisement steps, optional recruitment methods, timing requirements, and documentation standards.

20 CFR § 656.10(d)Employer obligations regarding prevailing wage: employer must pay the offered wage that is at least equal to the prevailing wage as determined by DOL at the time of filing and at the time the beneficiary begins employment.

Related Services

EB-2 Exención por Interés NacionalLey de Inmigración Ajuste de EstatusLey de Inmigración Visa H-1BLey de Inmigración

Other Immigration Law Services

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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