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.

 

 

Ahmed Gaber
21:44 03 Aug 20
Good office because he offer free consultation
Vj M
03:58 14 Jul 20
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18:03 07 Jul 20
My experience with Michael is remarkable, he is very professional and has profound knowledge in immigration laws, he made me feel like I was with the right lawyer, so rest assure, if you decide to work with him, you are very likely to be successful... at your case.read more
Allen
18:58 25 Jun 20
Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more
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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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19:27 08 May 20
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01:33 29 Apr 20
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13:56 09 Apr 20
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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
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02:18 06 Mar 20
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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
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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 .
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17:43 22 Feb 20
This lawyer was awesome and helped my family with our own immigration case! 10/10 would recommend!
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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
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03:01 14 Feb 20
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11:01 13 Feb 20
I had utilized the service from Ashoori Law. Compared to other Law firms where you have to check for updates, Ashoori Law is very professional are very prompt in providing timely updates. They will take care of you until the service is complete.... Completely Satisfied.read more
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07:47 13 Feb 20
Michael was very professional and always available to help by phone or by e-mail. I am thankful to have worked with him.
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23:31 12 Feb 20
Very professional , very efficient firm right from the beginning all the way to the end of our case , I think that immigration knows their reputation and that is why our case when very smooth and no issues at all , thank you Micheal Ashoori and team... .read more
nantanut saengprasit
04:19 12 Feb 20
As, I have some problem to apply reentry permit. I am very serious in my case because it was denied for the first time. When, I saw Ashoori Law website. I believe in Mr.Michael who can help me in this case. I got the great support from Mr.Michael... and his team. Finally, my reentry permit was approved. I would like to say Thank you very much. I hope who have the immigration's problem. Please contact to him. He expert for the Immigration law. He can suggest you until finish. Again, Mr.Michael, thank you very much for your help.read more
Arian Shahidi
22:44 10 Feb 20
It was a great experience working with Michael. Before starting to file my documents for my case he explained every detail step by step and guided me. During the process he updated me every time and answered every question accurately. I’m very... satisfied and looking forward to work with him in the future. If you’re looking for an excellent attorney, I strongly recommend Michael Ashoori.read more
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05:47 08 Feb 20
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11:07 06 Feb 20
The team was very responsive, available to chat on the phone and very responsive to my emails and questions. I would recommend Ashoori's service above any large law firms with whom I had dealt previously. I got exceptional service with Ashoori.
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02:05 06 Feb 20
Michael and his team deserve more than a five star rating. I hired Mike already based on a recommendation from a friend of mine, who also requested his services. My friend gave him five star as well, and this could simply not be different.Since my... first contact with Michael, I've perceived his solid ethical principles, responsive professionalism and personal attention to all details in US immigration complex process. In my case, he was key for me to obtain I-131 permits for three Green Cards - and the documents were shipped after just six weeks after the process initiation. In another process, he has been immediately responsive to replace Green Cards. And all my contacts were online - which is a testimony of his great online reputation.If you are looking for US Immigration lawyer assistance for true delivery, great value and avoid risks and potential problems, the answer is Michael Ashoori Law, with his fantastic team, that really and personally takes care of your immigration needs.JCread more
J V
06:39 03 Feb 20
Erase any doubts about this law firm. Michael Ashoori’s team delivers. The 5 star rating says it all! I know that it is a tough decision to choose a lawyer who you can entrust your immigration concerns but his law office’s services are backed by... several outstanding reviews. I can attest to their excellent services based on my own experience. Michael and his team were able to explain the whole process clearly. The expectations, time line, costs were defined at the very start. This gave a boost of confidence to a first-time client like me. I appreciated that they are very prompt with their responses. Michael and his team made themselves available for whatever concern I had with my case and no question for them is too simple to ask. The most important thing is that the team is able to deliver!read more
Pranay Agarwal
00:01 22 Jan 20
Michael is extremely professional and really knows the details of the complex US immigration law. I recently hired his services for my travel permit document (1-131) and from the day we first spoke till the end of the process he was very responsive... and attentive. In my situation in particular, I needed take several trips being a frequent traveler and he carefully planned that in the process to avoid any complications. I highly recommend Michael for any US immigration needs.read more
Phong Si
03:17 15 Jan 20
I used Michael's immigration law firm to help renew my wife's reentry permit. It was her second time, and we were living out of country. First time was with a different lawyer. His team made everything smooth and communicated quickly and clearly.... Our permanent residence is in Georgia, but we found out about Ashoori Law through google. I had several worries since it was a renewal, and was with a different lawyer in a different state. But this was really a satisfactory experience with no problems.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.