PERM Labor Certification: Everything You Need to Know

PERM Labor Certification

If you are interested in getting an employer sponsored green card, you will likely need to know about the PERM process.

 

When an employer wants to sponsor a foreign worker for a green card, the employer must get an approved labor certification from the Department of Labor.

 

The PERM process, which stands for Program Electronic Review Management, is the way that an employer obtains an approved labor certification from the Department of Labor. This is the first step for many in obtaining an employment based green card.

 

The PERM labor certification process is completed by the employer. Through various steps, the PERM process ensures that there are no qualified American workers for the job that the foreign national is being sponsored for.

 

In this guide, I’ll explain what you need to know about the PERM labor certification process. If you have any questions, feel free to email us directly at Michael@AshooriLaw.com.

 

Overview

 

  1. What is the PERM labor certification?

 

  1. Why should you complete the PERM labor certification?

 

  1. What are the requirements for the PERM labor certification?

 

  1. What is the process for getting a PERM labor certification?

 

  1. Audits

 

  1. What documents are needed for a PERM labor certification?

 

  1. What forms are required for a PERM labor certification?

 

  1. PERM labor certification fees

 

  1. PERM labor certification processing time

 

  1. Conclusion

 

1. What is the PERM labor certification? 

 

The PERM (Program Electronic Review Management) system is a way for obtaining a Labor Certification from the Department of Labor. Obtaining an approved labor certification from the Department of Labor is the first step in obtaining an employer sponsored green card. The PERM labor certification process is completed by the employer. Through various recruitment procedures, the PERM process ensures that there are no qualified American workers for the job that the foreign national is being sponsored for.

 

The PERM labor certification is required for some green cards. It is required for the EB-2 visa, unless you qualify for the National Interest Waiver. It is also required for all EB-3 visas. The PERM labor certification is approved by the Department of Labor. If it is required and you cannot continue with the visa application process until it is approved.

 

Please be aware that an approved PERM labor certification is not lawful status. It is only the first step in getting approved for a green card. Please note the PERM labor certification is not necessarily required to get a green card. It is only required for the EB-3 and some EB-2 visas.

 

2. Why should you complete the PERM labor certification? 

 

There are many reasons why an employer may want to complete the PERM labor certification process. Here are just a few:

 

You can hire a permanent foreign worker. 

 

This is the most significant benefit associated with the PERM labor certification. Once you have an approved PERM labor certification, you can file a Form I-140 immigration petition for permanent residence on behalf of a foreign worker. This is known as sponsoring the worker. If you wish to hire a foreign worker and sponsor them for a green card, using the PERM labor certification process is a great option.

 

It is faster and easier than many other permanent residency options. 

 

If you are hoping to sponsor a foreign national, the employment-based green card through the PERM labor certification is often an excellent option. It is relatively fast and easy, compared to other ways of getting a green card.

 

For example, the EB-1 green card does not require a PERM labor certification. However, the requirements are stricter than the EB-2 and EB-3 green cards.

 

Another way of getting a green card is through family-based petitions. These are different from employment-based green cards because your family sponsors you rather than your employer. Family-based green cards do not require the PERM labor certification. However, the wait times for family-based green cards can often take longer than for EB-2 and EB-3 green cards. This means that for many people, using the PERM labor certification path to permanent residency is a better option.

 

3. What are the requirements for the PERM labor certification? 

 

In order for your PERM labor certification to be approved, you must meet several requirements. They are discussed below. My team and I would be happy to help you determine if you meet these conditions.

 

There must be a valid job offer. 

 

The employer must have made a valid job offer to the foreign beneficiary. The employer must have an IRS tax number, a physical office space, and a way to be contacted. The employer must have an employer-employee relationship with the foreign beneficiary. This means they must have the ability to control the work of the beneficiary through hiring, paying, supervising, and firing them. A valid job offer can be shown through a contract between the employer and the beneficiary.

 

The beneficiary must be fairly compensated for their work. 

 

The employer must be paying the beneficiary fairly for their work. This means that they must pay equal to or more than the prevailing wage. The prevailing wage is set by the Department of Labor. The employer must request the prevailing wage from the Department of Labor. The prevailing wage, as well as the salary for the position, must be shared on the PERM labor certification application.

 

Attempts to recruit American workers must have been made. 

 

Before your labor certification can be approved, you must demonstrate that there are no qualified American workers for the job. To prove this, you must go through a recruitment process. This includes posting a job order with the State Workforce Agency. It also involves posting advertisements in newspapers, stores, and other locations. More information about the requirements for the recruitment process will be provided later in the guide.

 

4. What is the process for getting a PERM labor certification? 

 

The PERM labor certification process is a multistep one. The following is a general list of steps. A more detailed explanation follows below. My team and I would be happy to expand any of these steps for you.

 

  • Recruitment Process
  • Submit Form ETA-9089
  • Submit Form I-140

 

Recruitment Process 

 

You must first extend a job offer to a foreign national and determine a PERM labor certification is appropriate. Then, you must ensure there are no qualified American workers for the job through the recruitment portion of the PERM process. In this process, the employer must make it locally and publicly known that a job is available. If any qualified American workers apply for the job, they must be given priority ahead of the foreign beneficiary. If you do not hire any of the American applicants, you must have a valid reason.

 

The exact recruitment process will depend on if the job is a professional or nonprofessional job. Professional jobs are jobs that require at least a bachelor’s degree or its equivalent. Nonprofessional jobs are jobs that do not require a degree. An immigration lawyer can confirm if the job is professional or nonprofessional if you are unsure.

 

Professional jobs have more strict requirements for the recruitment process. Firstly, they must place a job order with the State Workforce Agency. This job order must be available for at least 30 days. Secondly, they must place a job order in a Sunday newspaper for 2 consecutive Sundays. One of these Sunday newspaper ads can be replaced by an advertisement in a relevant professional journal. Additionally, advertisements must be placed in at least three of the following:

 

  • At a job fair
  • On the employer’s website
  • On a job search website
  • At a campus recruiting event
  • Through a trade or professional organization
  • Through a private employment firm
  • Through an employee referral program
  • In college placement offices
  • In other local or ethnic newspapers
  • On radio and/or television

 

Nonprofessional jobs have slightly less strict requirements. They must place a job order with the State Workforce Agency for at least 30 days. Additionally, the employer must put an ad in 2 consecutive Sunday newspapers. However, they are not required to make any other recruitment efforts.

 

All recruitment efforts must be completed at least 30 days before you file the PERM application. This is to ensure that any applicants have adequate time to submit their applicant. No recruitment efforts can have been made more than 6 months (180 days) prior to the application. This is to ensure no new applicants exist.

 

Additionally, please be aware that you must keep all of your documents showing proof of the recruitment process for up to 3 years in case of an audit.

 

Submit Form ETA-9089 

 

You must complete the recruitment process without finding a qualified American worker. You must also ensure that you meet all other requirements for the PERM labor certification. If you do, you can complete and submit Form ETA-9089. Form ETA-9089 is the Application for Permanent Labor Certification. This document is submitted to the Department of Labor either electronically or by mail.

 

Submit Form I-140 

 

Form ETA-9089 is your PERM labor certification application. If the Department of Labor approves it, the petitioning employer may file an I-140 green card petition. If the Department of Labor does not approve it, you may not continue with the green card application process.

 

Form I-140 is the Immigrant Petition for Alien Workers. This document is submitted to the United States Citizenship and Immigration Services (USCIS). The Form I-140 must be submitted before the PERM labor certification expires. More information about Form I-140 and the rest of the green card application process can be found by looking at the EB2 visa and EB3 visa service pages on our website.

 

5. Audits 

 

Audits can be targeted or random. Targeted audits occur when the Department of Labor has concerns about your application. These can be because of inconsistencies in documentation provided or a failure to provide enough information to prove that you meet the requirements for a PERM labor certification. My team and I will do our best to ensure that our clients will not be subject to targeted audits.

 

For random audits, the Department of Labor will audit some applicants to ensure that the PERM labor certification process is effective. There is nothing to be done to prevent random audits. For this reason, it is extremely important that you keep all supporting PERM documents on file.

 

If you are selected for an audit, you will have 30 days to respond with the requested information.

 

6. What documents are needed for a PERM labor certification?

 

In order to prove that you meet the conditions for a PERM labor certification, several documents may be provided. The following is a general list of documents that may be useful. Please be aware that it is not a comprehensive list. Applicants may not need to include all of these. My team and I would be happy to assist you in determining which documents are required for your individual situation.

 

Choosing the appropriate documents is very important. If you fail to provide enough evidence of your eligibility, your PERM certification may be rejected or subject to an audit. You should also take care to keep all documents for up to 3 years.

 

  • Contract between the beneficiary and the petitioner
  • Prevailing wage request
  • Newspapers with job advertisements
  • Job order submitted to the State Workforce Agency (SWA)

 

7. What forms are required for a PERM labor certification? 

 

Additionally, several forms are required throughout the PERM labor certification application process. The following will provide more information about some of them. My team and I would be happy to provide more information about any of these, or any other, form. My team and I would also be happy to help you complete any of these forms. Additionally, as with all other paperwork, you should keep copies of your forms for up to 3 years in case of an audit.

 

Form ETA-9089 

 

Form ETA-9089 is the Application for Permanent Employment Certification. This form is your PERM labor certification application. The employer will complete this form and submit it to the Department of Labor. The Department of Labor will use the information provided to determine if the PERM labor certification should be approved. The Form ETA-9089 asks questions about the employer, the attorney, the prevailing wage, the job, the recruitment process, and the beneficiary. My team and I would be happy to answer any questions you have about Form ETA-9089 or help you complete it if necessary. More information about Form ETA-9089 can also be found by clicking here.

 

8. PERM labor certification fees

 

There is no fee associated with filing the PERM labor certification. However, there are fees associated with later aspects of the EB2/EB3 green card application process (such as filing the Form I-140 immigration petition).

 

There may also be fees for activities associated with the PERM labor certification, such as lawyer fees or fees for placing job advertisements, photocopying, translating, or other such activities. Any fees incurred throughout the PERM labor certification application process are the responsibility of the employer.

 

9. PERM labor certification processing time 

 

The total time it takes for your PERM labor certification application to be approved will depend on a variety of factors. Some of these factors include the time of year when you apply, your individual case, and if you are subject to an audit. PERM applications that are not subject to an audit usually take around 6 months for certification. Audits can add another 1 year to this processing time.

 

A PERM certification does not mean you have been approved for a green card. After the PERM labor certification is approved, you must get an approved Form I-140 and wait for your priority date. This process can take much longer, up to 20 years for some foreign nationals.

 

10. Conclusion 

 

The PERM (Program Electronic Review Management) labor certification is the first step for many in obtaining an employer sponsored green card. The PERM labor certification is completed by the employer. It ensures that there are no qualified American workers for the job. It is required for all people applying for the EB2 and EB3 visas (who are not eligible for an EB2 National Interest Waiver).

 

You should now have a much stronger understanding of the PERM labor certification, including the purpose, the requirements, and the application process.

 

If you have any questions about anything discussed in this guide or about the PERM labor certification in general, feel free to email me directly. I can be contacted at Michael@AshooriLaw.com. I am very responsive via email and I would be happy to help you.

 

 

Vincent Morrow
05:57 19 Oct 20
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eddie lavian
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highland cell24connect
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Life Mizrahi
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We had a very difficult situation with our legal immigration status and thanks to Michael and his Wonderful team they were able to fix everything within a reasonable amount of time and for a decent price.We highly recommend this team of attorneys... for all of your Immigration needs and beyond.read more
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23:46 13 Sep 20
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Freuet Solutions
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Tarek
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Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification.Lahaina was great, very... professional immigration attorney and of very help through out all the process.She guided me all the way till i got my L1 visa approved.They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Their job doesn’t stop here since most of the petitions gets an RFE from USCIS, so they continue by preparing whats needed and resubmit again till i got the reply that my petition was approved.Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. Highly recommendedread more
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21:44 03 Aug 20
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Vj M
03:58 14 Jul 20
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18:03 07 Jul 20
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Allen
18:58 25 Jun 20
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18:41 10 Jun 20
Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more
Rw Right
17:39 06 Jun 20
Look no further. There are solid reasons why they get straight 5 stars in this review.They work as a (great) team and everyone is very knowledgeable and reliable. Micheal posts timely insightful topics on Youtube, in addition to answering all of... your personal questions quickly and responsively.read more
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09:10 03 Jun 20
We recently needed the assistance of a law firm and due to the fact that we had limited time available to submit our application, many of the law firms that we contacted were not able to assist us. We then came in contact with Michael from Ashoori... Law. Not only did they assist us with our application, they also provided us with efficient, professional service. They really went out of their way to make sure that we meet the deadline and provided us with regular updates on the process. What a wonderful and stress free experience! I would definitely recommend Ashoori Law’s services to any potential clients.read more
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00:03 16 May 20
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02:08 15 May 20
Ashoori and Lahaina are very professional and detail. They responded to my questions with terms that I can understand without any hidden agenda.I wish I hired them when I first applying my E2. They are the lowest in fees and most professional... immigration lawyer that I had encounter. We go through all the process through phone and email without meeting in person and I got my E2 renewal approved.Way better then any immigration lawyer that I had meet in person in NYC.Will definitely stick with them and recommend them to all my friends and family.read more
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19:27 08 May 20
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persia falcon
21:00 05 May 20
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Vergel Cornelio
02:15 02 May 20
Michael's law firm is compose of professionals who are working more than the sake of their clients. They care on their clients with their situation and help without limitation. They attend to all questions timely and return with immediate solutions... to secure all will be resolved and all worries were eased. I highly recommend and refer this firm to all related US re-entry and immigration concerns.read more
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09:17 01 May 20
Utilizing the services of Ashoori Law has been a pleasure and an outstanding experience. I highly recommend Ashoori Law to anyone who needs immigration assistance. With the help of Ashoori Law my spouse and I were able to get our immigration... documents seamlessly and without no issues. Ashoori Law is very customer oriented and from Day 1 is always available for you if you have any questions or concerns. Going forward, my spouse and I definitely plan to use Ashoori Law for future immigration services.read more
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01:33 29 Apr 20
Michael Ashoori is reliable and responds to inquiries with very short waiting time. His law firm handled my travel document efficiently even if it was within a very narrow window. He has kindly mailed my travel document in the most expeditious way... possible. I will definitely engage his services again if I need this type of legal service.read more
Titi Bern
00:04 25 Apr 20
Michael and his team are great! I had them recommended to me by my community who used them. Starting from an initial consultation, to working on the paperwork, to submitting to USCIS, everything as been smooth without any issue. In addition, they... answered all the question we had - SUPER fast - or whenever we called them they were very responsive.read more
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03:17 24 Apr 20
I recently employed the services of Michael Ashoori and Ashoori Law to help with the lodging of a Re Entry Visa for my wife and myself. I am delighted with the result and the expediency with which Asoori Law handled our application.We now have... approval of our visas and couldn't be happier. One of the stand out aspects of dealing with Ashoori was the fact that I could tel or email Michael at any-time and would always receive a prompt response by return email. This personal connection with the company during the process made me feel I was dealing with a friend and that I could reach out to at any time I had a question, rather than being treated as another client. I can in all confidence recommend Ashoori Law for Immigration matters due to this wonderful experience and the way my application was handled. Sincerely. Richard and Judy Norton.read more
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22:17 23 Apr 20
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17:42 10 Apr 20
I had question about eb1 process and my alternatives to stay along with priority date timelines ie options to move over to another visa type like h1, to continue waiting for green card processing, all of my questions are very well taken by the... immigration consultant ( Karla Samayoa) , she has very strong hold on the processes and options available to candidates, i would certainly recommend her for immigration consulting on l1a visa and eb1 visa and green card application. I give her 5 startsThank youread more
Hansel Gonzalez
13:56 09 Apr 20
I reached out to Ashoori Law in order to obtain my US Re-Entry permit late last year. The whole team was friendly, knowledgeable and prompt to my many questions. Michael himself would answer any questions along the way after submission, which... assured me my case was important and on their radar. Having worked with various immigration lawyers in various countries I’ve worked at (6, so far), I know that is not always the case. I recommend to consider Ashoori Law for your US immigration needs, and I expect to reach out to them whenever I next need services in regards to US immigration.read more
ajay sharma
18:04 08 Apr 20
Michael and his team members are very professional and easy to work with. For my reentry permit application I was running bit tight on time but Michael helped all possible way to make the process smoother and faster.Their process of data... collection, fees etc are very streamlined and transparent.Michale was always approachable and very fast on his responses. He always made sure that I get the latest update immediately if their office heard anything about my case.In short, I highly recommend Michael and his team. You will enjoy working with them.read more
Tiyu Wang
14:27 18 Mar 20
Working with Michael was a pleasure from the beginning to the end. Through the experience of obtaining my re-entry permit, I got to witness first-hand his professionalism, expertise, and attention to detail.Some things that I really... appreciated:-Taking the time to work out the strategy for me, explaining the options I have and the solutions to potential situations that could arise.-Responding quickly and with well-thought out responses, when I emailed him with questions.-Being very meticulous (him as well as his staff) in ensuring the that logistics of my application were executed expediently and carefully.My case was not a big one, yet Michael behaved as if it were a big case. For that he certainly has earned my return business for immigration cases in the future, and I heartily recommend his services to anyone looking for a truly exceptional immigration lawyer.read more
Nello Trops
13:26 12 Mar 20
I have retained Ashoori Law for my immigration needs, I did work with a previous immigration attorney as well this is what I can say. The amount of information Ashoori Law provides to the general public by maintaining newsletters, blogs etc... sold... me, Ashhori Law takes the time to inform the general public and educate the general public who is interested in immigrated to the US that is of great value. After hiring Ashhori Law the process was smooth and clear, the response times are optimal. They are honest and are not just sitting around trying to make a quick buck when there's no hope. They truly advise you properly and are very transparent as well, no hidden fees. They were successful in filling my immigration needs and hands down I can recommend them to all my friends and contacts. Michael and Lahaina are professionals, they respond quickly and inform you quickly of any changes if any. I will definitely use them again in the near future. Thank youread more
emma Daniels
02:18 06 Mar 20
Karla was Very friendly to chat with and helpful
James Corcoran
14:38 05 Mar 20
I posting this for my wife in China VPN not workingI am so impressed by Mr. Michael Ashoori and will not hesitate to recommend him to you as one of the best immigration attorneys!!!For my case, I had an urgent timeline to apply for a re-entry... permit. To make it more complicated, I had multiple international travel plans during the application period. I reached out to quite a few attorneys for assistances. They either turned me down directly due to the time constrain or did not reply at all. On the contrary, Michael assured the feasibility of such an application during the first teleconference. Just as what he told me, all worked out perfectly under his coordination.To me, the following sets Mr. Michael Ashoori and his team apart from most of his peers:1) He is not only knowledge of the immigration laws and regulations but also highly familiar of the immigration authorities’ operation details. This is extremely critical to an urgent case since every step matters.2) He has the right AI system setup to monitor the daily workflows and handle the repetition workloads. Therefore, his team can focus on the key variables and client interactions efficiently.3) His fee is very reasonable and competitive.4) He cares about his clients as a friend. That is precious in a business world.You are in good hands if you pick Mr. Michael Ashoori and his team!read more
Humayun Tariq
08:09 05 Mar 20
I applied for the re- entry permit with Micheal Ashoori. I can say without a doubt, Micheal is the most helpful lawyer I have found there. What I love about Micheal is that he is really accessible to anyone, unlike other lawyers. He is always... available for a consultation call and clears out the queries patiently. He gives the best advice suited to the situation which has really helped me out with my planning.When I decided to apply for my re- entry permit with Micheal, he assisted me throughout the process. I just had to mail him the signed copy of the application and rest was handled by him and his team.Also, his team members, specifically Lahaina Araneta, are a joy to work with. They have been very responsive on e-mail even if it is late at night.Micheal, along with his team members, is very polite and never rushes an answer.I would definitely recommend everyone to work with Micheal if they need legal assistance in delicate matters such as immigration. He is the best you can get out there in terms of being responsible, responsive and accessible.read more
Sriram Akella
06:07 27 Feb 20
Worked with Micheal for applying reentry permits for my wife and myself. He prepared all the paper work and was ready so that we could file the day we landed in US. Very Friendly and answered all my questions with patience.Would definitely... recommend him for any immigration related work.read more
bardia bahrami
00:02 26 Feb 20
He was awesome, everything was straight forward with Michael and his team. I received my re-entry permit 6 weeks after submitting my request .
Tom Tam
17:43 22 Feb 20
This lawyer was awesome and helped my family with our own immigration case! 10/10 would recommend!
Remo Barducci
07:56 14 Feb 20
From the very first call where we were taken through the process right through to completion, all the interaction with Ashoori has been of the highest level . The advice we were given , how we were steered through the whole process and the brilliant... communication was simply faultless . Even though we are based in Australia on the other side of the world , time zones were no issue . Anyone planning on using Ashoori law, we recommend them very highlyread more
Blake McGrath
03:01 14 Feb 20
I needed to apply for an E-3 visa from Australia and Ashoori Law made the process very simple. All the required documents were provided as long as important information regarding the visa process, what was required for interviews and all other... relevant information. They have answered any questions I have had in a timely manner and have made the process and application and confirmation of the visa run very smoothly.Highly recommended.read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.