PERM Labor Certification
Our experienced team of immigration attorneys is dedicated to helping immigrants in the complex process of obtaining a permanent labor certification for employment-based immigration in the United States. Our commitment to excellence and personalized attention ensures that our clients receive the highest level of legal representation.
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What is a PERM Labor Certification?
A permanent labor certification (PERM) allows an employer to hire a non-U.S. citizen to permanently work in the United States. In most instances, a U.S. employer must obtain a permanent labor certification on behalf of the applicant from the Employment and Training Administration (ETA) under the Department of Labor (DOL).
This must be done before the employer can submit an immigration petition on behalf of the foreign worker to U.S. Citizenship and Immigration Services (USCIS).
The DOL must certify to USCIS that there are not enough U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment. They must also assure that employing the foreign worker will not greatly affect the wages and working conditions of similarly employed U.S. workers.

This guide outlines the PERM labor certificate requirements, how long the PERM labor certification processing time might be, frequently asked questions, and how an experienced employment-based immigration lawyer can help in your case.
Key Highlights of OurPERM Labor Certification Legal Services
Our team of immigration attorneys has in-depth knowledge and experience in handling PERM labor certification cases. We stay up to date with the latest changes in immigration law and provide accurate and strategic legal advice to our clients.
PERM Labor Certification Case Evaluation
We conduct a thorough evaluation of our clients’ eligibility for a PERM labor certification, including assessing their qualifications, job requirements, and the labor market conditions. This helps us determine the best approach to strengthen their case and increase the chances of success.
PERM Labor Certification Document Preparation
Our attorneys assist clients in preparing all the required documents for PERM labor certification, including the ETA Form 9089, job advertisements, recruitment reports, and other supporting documentation. We ensure that all documents are meticulously drafted and meet the strict requirements of the U.S. Department of Labor.
PERM Labor Certification Recruitment Compliance
We provide guidance on compliance with the recruitment process, which is a critical component of the PERM labor certification. Our attorneys ensure that our clients’ recruitment efforts adhere to the Department of Labor’s (DOL) regulations, including the mandatory recruitment steps, prevailing wage determination, and documentation of recruitment results.
Secure Your Path to a U.S. Green Card with PERM Labor Certification Services
Requirements for PERM Labor Certification
Job Offer
The employer must have a bona fide job offer for a full-time, permanent position in the United States, and must be willing to sponsor the foreign worker for lawful permanent residency (a green card). The job offered must require skills, education, and experience that are not easily found in the U.S. labor market. The employer must establish that the job requirements are genuine and not tailored to the foreign worker’s qualifications.
Labor Market Test
The employer must conduct a recruitment process to test the U.S. labor market and demonstrate that there are no qualified U.S. workers available and willing to fill the position.

This typically involves placing advertisements in various mediums, such as newspapers, job boards, and the employer’s website, and conducting a competitive recruitment process.
Prevailing Wage Determination
The employer must obtain a prevailing wage determination from the U.S. Department of Labor for the specific job location and offer a wage that meets or exceeds the prevailing wage for the occupation.
Recruitment Report
The employer must maintain a record of all recruitment efforts conducted, including the results of the recruitment. They must prepare a recruitment report that summarizes the recruitment process and the reasons for not selecting U.S. workers who applied for the position.
Good Faith Efforts
The employer must demonstrate that it has made good faith efforts to recruit U.S. workers and has not found any qualified and available U.S. workers for the position.
Documentation
The employer must collect all documentation related to the PERM labor certification process including the job posting, recruitment advertisements, recruitment report, prevailing wage determination, and other supporting documentation, as required by the Department of Labor.
Secure Your Path to a U.S. Green Card with PERM Labor Certification Services
PERM Labor Certification FAQs
Foreign workers who received a full-time, permanent job offer from a U.S. employer and meet the requirements set by the employer and the Department of Labor may be eligible for a PERM labor certification.
The key requirements for a PERM labor certification include a bona-fide job offer, a labor market test to demonstrate unavailability of qualified U.S. workers, job requirements that are not easily found in the U.S. labor market, compliance with prevailing wage requirements, good faith efforts to recruit U.S. workers, and documentation of the recruitment process and results.
The processing time for a PERM labor certification can vary depending on various factors, including how much of a backlog there is at the Department of Labor, the complexity of your case, and any potential audits or requests for additional evidence. Generally, it can take between several months to over a year to complete the process.
An audit from the Department of Labor will extend your PERM labor certification processing time for another four months. However, the exact time varies depending on the time of year that they call for your audit and other factors.
There are two types of audits performed by the Department of Labor: random audits and targeted audits. Since the Department of Labor will randomly audit approximately 30% of all PERM applications, there’s a decent chance that your PERM labor certification application will be audited no matter what you do. It’s impossible to reduce your odds of being audited below 30%.
You can reduce your application’s risk of getting a targeted audit by avoiding triggers that they deem “audit worthy”. Some of these triggers are unavoidable. Applications that involve trade-related jobs, applications for positions employed by a public school, and applications where the job requires less than a bachelor's degree, are all inherently potential triggers for an audit.
An experienced immigration attorney will be able to help you avoid triggers that aren’t inherent to the job. They might tell you to not put qualifications atypical for the job into your PERM labor certification application (such as foreign language skills or certifications not applicable to the job) and to avoid submitting any PERM applications within six months of a layoff in that position.
Rarely, the Department of Labor will decide to supervise your business during the PERM recruitment process. This is a time consuming and costly process, potentially adding several months to your application’s processing time, and may be done whether your application is audited or not.
Hiring a lawyer experienced in both immigration and labor law is your best chance of avoiding this process, as there’s no good way to opt out of supervised recruitment once the Department of Labor starts.
Unfortunately, the Department of Labor does not provide a premium processing option for either prevailing wage determinations or PERM applications. However, an employer may be able to speed up the process by initiating their recruitment efforts while their Prevailing Wage Determination Request is pending. This may be able to speed up your PERM labor certification processing time by up to 60 days, however nothing is guaranteed by the Department of Labor.
Note that there are multiple issues to consider before proceeding with this option. Employers should speak with a qualified immigration attorney before doing so, as these issues can cause problems for an employer down the road if they are not properly addressed.
No, an employer cannot file multiple PERM labor certification applications for the same job position simultaneously. Each application must be based on a genuine job opening, and multiple applications for the same job position can result in denial or other legal issues.
Once a PERM labor certification is approved, the employer can proceed with the next steps of the employment-based green card process, including filing an Immigrant Petition for Alien Worker (Form I-140) with USCIS. Your PERM labor certification is valid for 180 days and the form must be filled within this time. Once approved, the non-U.S. citizen may apply for adjustment of status or undergo consular processing to obtain lawful permanent residency.
Consult with a PERM Labor Certification Lawyer
Jorge Munoz Law is dedicated to helping immigrants obtain a permanent labor certification. We understand that the process to get one can be time consuming. With our services, expect that your case will always be our priority.
Schedule a consultation with one of our immigration attorneys to help you with your application today.