PERM Labor Certification

PERM Labor Certification in Baltimore

Employers & Workers: Navigate PERM with a Firm Founded in 2010

PERM labor certification connects a permanent job offer to federal prevailing wage, recruitment, and documentation requirements. Because the process is employer-driven and job-specific, choices about the position can affect both the sponsoring employer and the foreign worker pursuing an employer-sponsored green card.

We assist with permanent labor certification applications and related employment-based immigration matters. We can guide both parties through questions involving the offered position, the worker’s qualifications, and the broader permanent residence strategy.

Discuss your PERM labor certification matter with our immigration team. Call (410) 883-9157 to request a consultation.

PERM Is One Stage of the Employment-Based Green Card Process

Certification by the Department of Labor is usually one step in a longer process. The employer may then need to file Form I-140, the immigrant petition for a foreign worker. Depending on personal circumstances and visa availability, the worker may later pursue adjustment of status in the United States or consular processing abroad.

Founded in 2010, Law Office Of Raymond O. Griffith represents businesses and individuals in immigration matters. We approach permanent labor certification as part of the complete employment-based case, not as an isolated Form ETA-9089 filing.

What PERM Labor Certification Does

Permanent labor certification, commonly called PERM, is a federal process administered by the Department of Labor through the Office of Foreign Labor Certification. It allows a U.S. employer to seek approval to employ a foreign worker permanently in a full-time position before filing a related immigrant petition when certification is required.

The Department of Labor evaluates whether sufficient U.S. workers are able, willing, qualified, and available for the position. It also considers whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. The sponsoring employer generally needs a valid Federal Employer Identification Number and a U.S. location to which applicants can be referred.

The Employer’s Role

The employer controls the permanent job offer, duties, minimum requirements, prevailing wage request, recruitment, and filing. The requirements must reflect the actual position, and recruitment must follow the federal rules for the occupation and filing category.

The Worker’s Role

The worker can’t file PERM as a self-petition. The worker’s education, training, experience, and other qualifications must be evaluated against the requirements for the offered job. Changes to the employer, duties, requirements, or work location may affect the filing and should be reviewed before they take effect.

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The PERM Labor Certification Process

The process generally moves from defining the job to obtaining a wage determination, conducting recruitment, and submitting Form ETA-9089. Requirements and filing procedures can change, so employers should confirm the federal rules that apply to the case.

Core stages generally include:

Defining the position: The employer identifies the permanent, full-time opportunity, job duties, work location, and actual minimum requirements.
Obtaining the prevailing wage: The employer requests a prevailing wage determination from the National Prevailing Wage Center before filing the application.
Conducting recruitment: The employer completes the required recruitment steps and evaluates applicants according to the position’s lawful minimum requirements.
Posting the notice: The employer completes the applicable Notice of Filing to inform workers of the proposed labor certification application.
Submitting Form ETA-9089: The employer files the application through the Department of Labor’s FLAG system or another available filing method.

How PERM Connects to EB-2 & EB-3 Cases

PERM commonly supports employment-based second-preference, or EB-2, and employment-based third-preference, or EB-3, cases that require a permanent job offer and labor certification. The appropriate category may depend on the position’s requirements and the worker’s qualifications.

An approved labor certification doesn’t grant permanent residence, immigration status, or employment authorization. When required, the employer next files Form I-140 with U.S. Citizenship and Immigration Services. The worker may pursue adjustment of status or consular processing only after becoming eligible, and visa availability may affect when that stage can begin.

PERM Recruitment Records & Audit Risks

Employers must retain records supporting the prevailing wage, recruitment, Notice of Filing, job requirements, and consideration of applicants. The required documentation depends on the position and the recruitment rules in effect when the application is filed.

A PERM audit is a Department of Labor request for records or additional information supporting an application. It doesn’t automatically mean the case has been denied, but the employer must follow the stated instructions and respond by the deadline.

Issues that can require review include:

Job requirements that don’t accurately reflect the offered position
Inconsistencies involving duties, wage information, or work locations
Missing or defective recruitment steps
Problems with the Notice of Filing
Incomplete records concerning applicants and recruitment results

Legal review before filing can identify compliance gaps and documentation questions. Government decisions and processing conditions, however, remain outside the employer’s or attorney’s control.

Employment-Based Options That May Not Require PERM

Not every employment-based green card category requires labor certification. Certain employment-based first-preference classifications and some employment-based second-preference National Interest Waiver cases follow different rules. A National Interest Waiver asks U.S. Citizenship and Immigration Services to waive the usual job offer and labor certification requirements because the proposed work serves the national interest.

The appropriate route depends on the employer, offered job, worker qualifications, immigration history, and immigrant category. Comparing these factors before beginning recruitment can clarify whether PERM belongs in the proposed immigration strategy.

Prepare for Your PERM Consultation

An initial review may cover the sponsoring employer, job duties, minimum requirements, proposed work location, worker qualifications, current immigration status, and intended immigrant category. We use these details to evaluate whether PERM may be appropriate or whether another employment-based option warrants consideration.

Employers and sponsored workers can also discuss the stages ahead, their respective responsibilities, and the documents that may be needed. We offer remote consultations and provide services in English and Spanish.

Call (410) 883-9157 to schedule a consultation with Law Office Of Raymond O. Griffith about a Baltimore PERM matter.