Sponsoring a worker for permanent residence takes careful planning, and PERM is often one of the first major steps in an employment-based case. The employer must describe the position accurately, follow recruitment rules, review U.S. applicants fairly, and retain supporting records. A PERM labor certification attorney can help explain these requirements and coordinate the process with the employer and sponsored worker. That support does not transfer the employer’s responsibilities or guarantee certification. It can, however, help identify questions early and reduce avoidable inconsistencies. Read on to learn what legal counsel may do, what employers should prepare, and why PERM certification alone does not grant a visa, green card, or work authorization.
Key Takeaways
Prepare before recruitment begins: Set clear, job-related requirements and confirm the prevailing wage, recruitment steps, and deadlines.
Keep the process consistent and documented: Review U.S. applicants using the same criteria, retain supporting records, and check that filings match the position and recruitment.
Plan for the full immigration process: The employer pays required PERM costs, and certification alone does not grant permanent residence. Ask an immigration attorney how later filings may apply.
What Does a PERM Labor Certification Attorney Do?
A PERM labor certification attorney helps an employer understand and manage the Department of Labor process for sponsoring a foreign worker for permanent residence. The attorney can assess whether PERM may apply, explain the employer’s responsibilities, organize the information needed for the case, and help prepare the filing. Because recruitment and job details must meet specific requirements, legal guidance can help an employer address key questions before starting the process.
The employer typically makes decisions about the job opportunity and recruitment, while the sponsored worker provides personal and background information for the immigration case. An attorney can clarify each party’s role and help keep information consistent. The Law Offices of Gary J. Kim assists employers and workers with U.S. immigration matters, including employment-based cases.
PERM is one stage in some employer-sponsored green card cases, not an immigration benefit by itself. An attorney can explain how labor certification fits into the broader process and what steps may follow if it is approved.
PERM is a first step in many EB-2 and EB-3 cases
PERM, or Program Electronic Review Management, is the Department of Labor’s labor certification process. In many employer-sponsored EB-2 and EB-3 cases, an employer must obtain certification before filing an immigrant petition for the worker. The employer generally must show that the recruitment process did not find a qualified, willing, and available U.S. worker for the position under its stated conditions, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
PERM does not apply to every employment-based case. An attorney can review the intended category and circumstances to help determine whether labor certification is generally required. The Department of Labor’s PERM program guidance explains the certification process, while USCIS provides information about the EB-2 and EB-3 categories.
An attorney can assess whether PERM applies
Before starting recruitment, an attorney can review the offered position, the worker’s qualifications, and the employer’s sponsorship plans. PERM is often part of employer-sponsored EB-2 and EB-3 cases, but exceptions may apply. For example, some EB-2 applicants may pursue a national interest waiver, which can waive the job offer and labor certification requirements.
The attorney can also explain what the employer must establish through the labor market test. The review should focus on the actual job opportunity and its requirements, rather than assuming that one process fits every case. Identifying questions early can help the employer understand its obligations before spending time and resources on recruitment. It also gives the employer an opportunity to address potential issues with the position or sponsorship plan before moving ahead.
The attorney advises the employer and coordinates information
A PERM attorney can guide the employer through the process and identify the information needed for the case. This may involve working with human resources, managers, and the sponsored worker to confirm details such as job duties, work location, minimum qualifications, and the worker’s background. The employer remains responsible for the job opportunity and recruitment decisions; the attorney helps explain the legal requirements and prepare the application.
Clear communication helps keep the case consistent. The employer supplies information about the position and recruitment, while the worker provides personal details relevant to the broader immigration process. The attorney can flag missing or conflicting information and clarify what each party needs to provide. Employers should also ask who the attorney represents and how information will be shared, especially when coordinating with both the business and the sponsored worker.
PERM approval is not a green card or work authorization
An approved PERM labor certification is not a visa, green card, or authorization to live or work in the United States. It certifies the employer’s labor market test for a specific position. After approval, the employer generally files Form I-140, an immigrant petition, with U.S. Citizenship and Immigration Services.
Further steps may include applying for adjustment of status in the United States or pursuing an immigrant visa through consular processing. The available option depends on the worker’s circumstances and visa availability. An attorney can explain how PERM connects to these later stages and help set clear expectations: approval of the labor certification does not guarantee approval of the immigrant petition or a green card. USCIS provides an overview of the broader employment-based immigration process.
How Can a PERM Attorney Guide Employers?
PERM labor certification takes planning, careful documentation, and coordination between the employer and the sponsored worker. Before filing, the employer generally needs to define a permanent, full-time position, obtain a prevailing wage determination, complete the required recruitment, and consider U.S. applicants. A PERM attorney can explain what each step requires and help the employer keep the job details, recruitment records, and application consistent.
The employer remains responsible for the job opportunity, recruitment, and hiring decisions. An attorney can help identify potential issues, organize the process, and explain how to document decisions, but cannot guarantee certification. The Department of Labor’s PERM program overview explains the purpose of labor certification: to protect U.S. workers’ wages and working conditions.
PERM is also only one step in many employer-sponsored green card cases. Certification is not a visa, green card, or work permit. The employer and worker may need to complete additional filings, with the available next steps depending on the worker’s circumstances and visa availability.
Define the permanent position, duties, requirements, and work location
The employer should define the genuine, permanent, full-time position before recruitment begins. A PERM attorney can help clarify the job’s duties, work location, minimum education and experience requirements, and any special skills. Requirements should reflect the employer’s actual business needs, not be added simply to match the sponsored worker’s background.
These details affect the prevailing wage request, recruitment materials, applicant review, and ETA Form 9089. Inconsistencies between those documents can prompt questions or create delays. An attorney can help make the requirements clear and assess whether they need further explanation. The PERM regulations set out the rules employers must follow.
Request and review the prevailing wage determination before recruitment
Before beginning recruitment, the employer generally requests a prevailing wage determination from the Department of Labor. The determination sets the wage benchmark for the position, based on details such as the occupation and work location. An attorney can review the request to help ensure it describes the job accurately, since errors may affect the determination and later filings.
When the determination arrives, the employer should confirm that it can offer at least the required wage. The wage must also be consistent with applicable requirements throughout the process. A PERM attorney can explain the determination, discuss options if the employer believes it is incorrect, and help coordinate the next steps. The DOL provides information about the prevailing wage process.
Plan recruitment and meet applicable deadlines
PERM recruitment requirements depend partly on whether the position is professional or nonprofessional. The employer may need to place newspaper advertisements, post a job order, and complete additional recruitment steps. A PERM attorney can identify which steps apply and help create a schedule that accounts for each requirement.
Timing matters: recruitment must generally take place within the permitted period before filing, and required waiting periods must be observed. The right schedule depends on the job and applicable rules, so employers should not rely on the timing used in another case. An attorney can track deadlines, check that steps occur in the proper sequence, and flag delays that could mean repeating recruitment. The DOL’s PERM program guidance offers an overview of the process.
Screen U.S. applicants consistently and document lawful, job-related reasons for rejection
The employer must consider U.S. applicants who respond to recruitment. A PERM attorney can help establish a consistent review process based on the position’s stated minimum requirements. The employer should assess each applicant using the same criteria and keep a record of the review, rather than changing requirements during recruitment or applying different standards to different candidates.
If an applicant meets the minimum requirements and is qualified, willing, and available for the position, the employer generally cannot reject that person simply to proceed with sponsorship. If an applicant does not meet the requirements, the employer should document a specific, lawful, job-related reason. An attorney can advise on documenting the process, but the employer must make the hiring decisions and ensure that its records are accurate.
Prepare and verify ETA Form 9089 before filing
ETA Form 9089 is the application for permanent employment certification. Before filing, a PERM attorney can compare the form with the prevailing wage determination, job description, recruitment materials, and supporting records. The review should check that details such as duties, requirements, worksite, offered wage, and recruitment information are accurate and consistent.
The employer should review the completed application and confirm that it reflects the actual position and recruitment process. Errors or conflicting details can lead to questions or an audit. An attorney can identify gaps before submission and explain the filing process. The DOL’s PERM resources provide information about the application and related requirements. Careful preparation can reduce avoidable errors, but no attorney can guarantee approval.
Keep recruitment records and prepare for a Department of Labor audit
Employers must retain records that show how they conducted recruitment and considered applicants. A PERM attorney can help organize items such as advertisements, recruitment reports, resumes, interview notes, and explanations for hiring decisions. Records should be complete, dated, and consistent with the application.
The Department of Labor may select an application for an audit and request supporting documents. An attorney can help the employer understand the request, gather the relevant records, and prepare a timely response. Incomplete files or explanations that conflict with the application can complicate the process. Employers should follow record-retention rules and maintain supporting documents for the required period. The PERM regulations cover audit and documentation requirements. Organizing records during recruitment is easier than reconstructing them later.
Explain how PERM connects to the I-140 and adjustment of status or consular processing
PERM is an important step in many employer-sponsored EB-2 and EB-3 green card cases, but labor certification alone does not grant permanent residence. After PERM approval, the employer may need to file Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services. The certified labor application is generally valid for 180 days, so the employer must pay close attention to the filing deadline.
A PERM attorney can explain how the employer’s petition fits into the broader case and coordinate with the sponsored worker about the next steps. Depending on eligibility and visa availability, the worker may apply for adjustment of status in the United States or complete consular processing abroad. The USCIS guidance on employment-based immigration outlines these pathways. The worker’s options and timing depend on individual circumstances, including the visa category and priority date.
What Risks and Misconceptions Can an Attorney Help Prevent?
PERM labor certification is not just a form for an employer to complete on behalf of a sponsored worker. The employer must define a permanent position, obtain a prevailing wage determination, conduct required recruitment, consider U.S. applicants fairly, and keep records that support the filing. Each step needs to align with the others. For example, job requirements in an advertisement should match the position described in the application, and the employer should be able to explain how it evaluated applicants.
An attorney can help employers understand these responsibilities, plan the process, and identify potential problems before filing. That guidance cannot guarantee certification or a green card. PERM is one stage in a broader employment-based immigration process, and the employer remains responsible for meeting its obligations. The Department of Labor’s PERM program information provides an overview of the process. An attorney can help apply its requirements to the employer’s position and circumstances.
The following are common risks and misunderstandings an attorney can help employers address.
Treating PERM as a simple form or a guarantee of a green card
Completing ETA Form 9089 is only one part of PERM. Employers also need to establish the position’s requirements, request a prevailing wage determination, complete required recruitment, assess applicants, and retain supporting records. An attorney can help coordinate these steps and check that the information is consistent before the employer files.
PERM certification is not a visa, green card, or work authorization. In many cases, the employer must file a separate I-140 immigrant petition after certification. The worker may then need to apply for adjustment of status or complete consular processing, depending on their circumstances and visa availability. The Department of Labor’s PERM overview explains the labor certification stage. Employers should avoid treating certification as a promise of a particular immigration result.
Proceeding when a qualified, willing, and available U.S. worker applies
PERM recruitment is designed to test whether qualified U.S. workers are available for the position. If a U.S. applicant meets the stated requirements, is willing to accept the job, and is available, the employer generally cannot proceed with labor certification for that position. The employer must assess applicants consistently and base decisions on legitimate, job-related reasons.
An attorney can help set up a fair review process and assess whether an applicant meets the position’s stated requirements. Employers should not reject a candidate based on personal preference or criteria that were not part of the job requirements. The PERM recruitment regulations describe the applicable rules. Clear, accurate notes about applications and hiring decisions can help the employer show how it evaluated candidates.
Using inconsistent job requirements, advertisements, and application details
Recruitment materials and the PERM application should describe the same position. Differences in duties, education, experience, skills, or work location can raise questions about whether the employer recruited for the job it is actually offering. Requirements should reflect genuine business needs, not be added or changed to favor the sponsored worker after recruitment begins.
An attorney can compare the job description, advertisements, prevailing wage request, and ETA Form 9089 before filing. The employer should also confirm that the worker met the stated requirements at the appropriate time. The PERM regulations set requirements for the application and recruitment process. A consistent record helps explain the position and may make it easier to respond if the Department of Labor requests more information.
Missing recruitment deadlines or repeating recruitment
PERM recruitment has specific timing requirements. In general, required recruitment must take place within the applicable period before filing, and some steps must occur within a particular window. If the employer misses a deadline or files outside the permitted timeframe, it may need to repeat some or all of the recruitment.
An attorney can help create a recruitment calendar based on the prevailing wage determination and planned filing date, then track each step as it is completed. Employers should not rely on rough estimates or assume every recruitment activity follows the same timing rule. The PERM recruitment regulations explain the requirements. Planning ahead also leaves time to review applications and document hiring decisions before the employer submits the case.
Overlooking how layoffs may affect recruitment obligations
Some layoffs can affect a PERM case. For example, if the employer laid off workers in the same or a related occupation in the area of intended employment during the six months before filing, additional steps may apply. Depending on the circumstances, the employer may need to notify and consider potentially qualified U.S. workers who were laid off.
An attorney can review when and where layoffs occurred, the affected workers’ roles, and how those jobs relate to the PERM position. Employers should raise workforce changes with counsel early, even when the layoffs happened for business reasons or on a different team. The details determine whether additional obligations apply. Reviewing the Department of Labor’s PERM requirements with an attorney can help the employer identify relevant records and next steps.
Keeping incomplete records or submitting a weak audit response
Employers should keep a complete record of recruitment and applicant decisions. Depending on the case, this may include advertisements, resumes, interview notes, applicant evaluations, and explanations for rejecting candidates. Missing or vague records can make it difficult to respond if the Department of Labor audits the filing.
An attorney can help organize the file while recruitment is underway, rather than trying to recreate it later. If an audit notice arrives, counsel can review what the agency requests and help prepare a clear, timely response using accurate records. The PERM regulations on recordkeeping and audits describe employer responsibilities. Documentation should reflect what actually happened during recruitment, not be created afterward to fill gaps.
Misunderstanding processing times, approval guarantees, or who pays PERM costs
The PERM timeline can vary, and certification is only one stage of an employment-based case. Recruitment, Department of Labor review, an audit, the I-140 petition, and the worker’s next immigration step can all affect the overall process. An attorney can explain the stages and discuss possible delays, but cannot guarantee a filing date, certification, or green card.
Employers also need to understand who pays PERM-related costs. The employer must pay expenses associated with obtaining labor certification, including its attorney’s fees for PERM preparation. Those costs cannot be shifted to the sponsored worker. The PERM regulations on prohibited payments explain this restriction. Employers can ask counsel to clarify which legal services and recruitment expenses a fee agreement covers and which costs are separate.
Choose a PERM Labor Certification Attorney
Look for PERM and employer-side immigration experience
PERM requires employers to follow specific recruitment steps, meet deadlines, and keep records. Look for an attorney with experience handling labor certification cases for employers, not just general immigration matters. They should understand how PERM fits into the broader employment-based immigration process and be able to explain what your company needs to do at each stage.
During an initial conversation, ask about cases involving similar positions, job requirements, work locations, and recruitment needs. Ask how the attorney will help your team follow the Department of Labor’s PERM program requirements. A practical explanation of the process can help you assess whether the attorney understands your business and its responsibilities.
Ask how the attorney handles recruitment, applicant review, deadlines, and audits
Ask how the attorney will help plan recruitment, review applications, and document hiring decisions. Employers must conduct good-faith recruitment, and professional positions may require additional steps. Your attorney should explain which requirements apply to the role and how to keep recruitment consistent with the job’s stated qualifications. The recruitment requirements for PERM depend on the position and its circumstances.
Also ask how the legal team tracks deadlines and prepares for a possible Department of Labor audit. Clarify which records your company must retain, who will gather them, and how the team would help respond to an audit request. Accurate, complete documentation can help prevent avoidable delays and support the application.
Clarify who prepares filings and how the employer receives updates
Before retaining an attorney, confirm who will manage each part of the case. Ask who prepares and reviews the PERM application, who coordinates with your team about recruitment, and who checks that the job details and supporting records match. Your company will need to provide accurate information and retain recruitment documentation, so make sure those responsibilities are clear.
Agree on a communication plan early. Ask how often you can expect updates, whom to contact with questions, and how the team will alert you to deadlines or requests for information. The attorney can prepare and review filings, but the employer remains responsible for the accuracy of the information it provides and for completing required steps. A clear division of tasks helps everyone stay organized.
Discuss potential obstacles and realistic expectations
Ask what could affect the case before recruitment begins. If a qualified U.S. worker applies and is willing and available to accept the position, the employer generally cannot proceed with PERM for that role. Your attorney should explain how applicant review works and how to document decisions using lawful, job-related reasons.
Processing times can change, and no attorney can promise approval. Recruitment may need to be repeated, or the Department of Labor may request records as part of an audit. Ask what could affect your timeline and what your company can do to prepare. The PERM process has strict deadlines and documentation requirements, so seek a realistic assessment rather than a guaranteed result.
Ask about employer-focused PERM support from the Law Offices of Gary J. Kim
Choose an attorney who takes time to understand your business, the position you plan to fill, and the worker’s immigration goals. Ask how the firm will guide your company through recruitment, application preparation, and recordkeeping. It is also helpful to understand how PERM may connect to later steps, such as an I-140 petition, and what your team will need to provide along the way.
The Law Offices of Gary J. Kim handles PERM labor certification and other employment-based immigration matters. Employers can contact the firm to discuss their circumstances and ask about support for the process. The firm serves English-, Spanish-, and Chinese-speaking clients, offering employers and workers the opportunity to communicate in the language that works best for them.
Manage PERM Costs and Employer Responsibilities
PERM costs include legal services and recruitment expenses, so employers should clarify their budget and payment responsibilities before the process begins. A written fee agreement can explain what is included, what may cost extra, and how the employer and attorney will coordinate.
Ask what legal fees cover and which recruitment expenses are separate
Ask the attorney for an itemized explanation of the legal services covered by the fee. Depending on the agreement, work may include reviewing the position, planning recruitment, assessing applications, preparing ETA Form 9089, and advising on filing requirements. Confirm whether recruitment expenses, such as advertising, are included or billed separately.
It’s also helpful to ask how the firm charges for work beyond the agreed scope. A change to the position or a need to repeat recruitment, for example, may require additional services. Comparing the work included in each fee proposal can help you set a more realistic budget. This overview of PERM legal fees and recruitment costs offers useful questions to raise with counsel.
Discuss how case complexity and audit support may affect fees
The time and cost involved in a PERM case can vary based on the position, recruitment process, and employer’s circumstances. For example, reviewing applications from U.S. workers and documenting job-related reasons for hiring decisions may require additional legal guidance.
Ask whether audit support is included in the fee and what services it covers. If the Department of Labor requests records or an explanation, preparing a response can involve additional work. Clarify how extra services are billed and whether the attorney can provide an estimate if an audit occurs. Discussing how case complexity and audit support may affect fees can help you understand potential costs before filing.
Confirm the employer pays required PERM costs and does not shift them to the worker
The employer must pay the costs of preparing and filing the labor certification application, including the employer’s attorney fees for that work. The employer also cannot seek reimbursement from the sponsored worker for required PERM costs. These rules are set out in the Department of Labor’s PERM cost regulation.
Ask your attorney to identify which expenses relate to PERM and which relate to later steps, such as an I-140 petition or an adjustment of status application. Keep the fee agreement and payment records clear, and do not make arrangements that pass costs the employer is required to pay to the worker. When a worker has separate legal representation, ask counsel to explain how those services are treated.
Frequently Asked Questions
When should an employer contact a PERM labor certification attorney?
It’s helpful to speak with an attorney before defining the position or starting recruitment. Early guidance can help the employer understand the requirements, plan the timeline, and identify potential issues before they affect the application.
Does a PERM attorney make hiring decisions for the employer?
No. The employer is responsible for reviewing U.S. applicants and making hiring decisions. An attorney can explain the applicable rules and help the employer document its process, but decisions should be based on consistent, lawful, job-related criteria.
Who is responsible for paying PERM costs?
The employer must pay costs associated with obtaining labor certification, including attorney fees for PERM preparation. These required costs cannot be shifted to the sponsored worker. Ask counsel to distinguish PERM expenses from costs for later immigration filings.
What happens after PERM certification is approved?
The employer generally files an I-140 immigrant petition with USCIS. If that petition is approved and a visa is available, the worker may be able to apply for adjustment of status in the United States or pursue an immigrant visa through consular processing. The appropriate path depends on the worker’s circumstances.
Does an approved PERM application guarantee a green card?
No. PERM certification covers the Department of Labor’s labor market process. The I-140 petition and the worker’s later application are separate steps, each with its own requirements and eligibility review.
