Hiring a foreign employee for a permanent position in the United States can be a complex but rewarding process. For many U.S. employers, sponsoring a worker through the PERM Labor Certification is the first step toward helping them obtain an employment-based Green Card.
At Immigration Universe Attorneys, we guide both employers and employees through every stage of the process, ensuring full compliance with U.S. Department of Labor (DOL) requirements. Our goal is to help companies hire and retain qualified international talent while protecting their legal standing.
What Is PERM Labor Certification and Why It Matters
The PERM (Program Electronic Review Management) Labor Certification is the foundation for most employment-based Green Cards. It serves as proof to the U.S. Department of Labor that:
- The employer has a legitimate, full-time, and permanent job offer.
- There are no qualified U.S. workers available or willing to accept the position.
- Hiring a foreign worker will not negatively impact wages or working conditions of U.S. workers.
In short, the PERM process ensures that foreign labor benefits the U.S. economy while maintaining fair opportunities for American workers.
| Step | Description |
| 1. PERM Labor Certification | Employer obtains approval from the Department of Labor. |
| 2. I-140 Petition | Employer files an Immigrant Petition for Alien Worker with USCIS. |
| 3. Adjustment of Status | Employee applies for a Green Card (Form I-485) once a visa number is available. |
Key Requirements to Petition a Foreign Employee
Employers must meet specific conditions before filing a PERM Labor Certification:
- The job offer must be permanent and full-time.
- The position must be available to U.S. workers first through recruitment efforts.
- The offered wage must meet or exceed the prevailing wage determined by the Department of Labor.
- The employer must maintain detailed records of recruitment and applicant responses.
| Employer Obligations | Employee Qualifications |
| Obtain prevailing wage determination | Possess required education or experience |
| Conduct recruitment process | Maintain valid immigration status (if in the U.S.) |
| File ETA Form 9089 accurately | Meet all job requirements listed in the offer |
| Maintain recruitment documentation | Provide necessary credentials and documentation |
Step-by-Step Process for PERM Labor Certification
1. Prevailing Wage Determination (PWD)
The employer must request a wage determination from the Department of Labor, ensuring the offered salary meets the industry standard for the job location and position.
2. Recruitment Process and Job Advertisement
Employers are required to post the job opening through multiple channels, such as state workforce agencies, newspapers, and online job boards. The purpose is to test the labor market for qualified U.S. candidates.
3. Filing ETA Form 9089
After completing recruitment, the employer submits Form ETA-9089 to the Department of Labor through the PERM online system. This form details the job requirements, recruitment results, and employee qualifications.
4. Review by the Department of Labor
The DOL reviews the application for compliance. If all conditions are met, the labor certification is approved.
5. Audit or Additional Review (If Applicable)
Some cases are selected for audit. In such situations, employers must provide additional evidence of recruitment efforts and job requirements.
6. Filing Form I-140 with USCIS
Once the PERM is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). This step confirms the company’s intent to employ the foreign worker permanently.
Common Mistakes Employers Make During the PERM Process
Many employers face delays or denials due to avoidable errors. Common issues include:
- Failing to document recruitment steps correctly
- Listing job requirements that exceed what is normal for the occupation
- Missing filing deadlines after the prevailing wage determination
- Submitting incomplete or inconsistent information
These errors can lead to audits, denials, or even disqualification from future filings. Our legal team helps prevent such setbacks by managing every detail with precision and experience.
Timeline and What to Expect After PERM Approval
The PERM process can vary depending on government backlogs. On average:
| Stage | Estimated Time |
| Prevailing Wage Determination | 4–6 months |
| Recruitment Period | 2–3 months |
| PERM Filing and Review | 4–7 months |
| I-140 Petition and Green Card Application | 6–12 months |
Once the PERM is approved, the next phase is filing the I-140 petition, followed by the Adjustment of Status (Form I-485) when a visa number becomes available.
Why Employers Trust Immigration Universe Attorneys
At Immigration Universe Attorneys, we understand that every employment-based immigration case requires accuracy, timing, and strategy. Led by Attorney Ileana Rivera, our firm offers transparent guidance and dedicated support throughout the entire PERM process.
Employers choose us because:
- We prepare each application according to DOL and USCIS standards.
- We provide honest evaluations and realistic timelines.
- We maintain constant communication with both the employer and employee.
- We are fully bilingual (English, Spanish, and Portuguese).
Our mission is to help U.S. employers grow their businesses by hiring qualified global talent while protecting their compliance with immigration laws.
Learn more about our employment-based services here: Employment Green Cards Attorneys
Schedule Your Confidential Consultation
Let our team help you understand your rights and legal options.
Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983
Frequently Asked Questions (FAQs)
- How long does the PERM Labor Certification process take?
The process usually takes between 6 and 12 months, depending on case complexity and government processing times. - Can I apply for PERM without an attorney?
Technically yes, but it is strongly recommended to work with an immigration attorney to avoid costly mistakes. Legal guidance ensures that all requirements and documentation are properly handled. - What happens if the PERM is denied?
If the PERM is denied, the employer may appeal the decision or correct the errors and refile. Our attorneys can evaluate your options and develop the best strategy for your case.
