Experienced Labor Certification Attorney for PERM Green Card Sponsorship

The PERM process runs over two years from start to certification. Our labor certification attorney team prepares every filing to meet DOL standards before the first document goes in.
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Our Approach

The Reality of the PERM Labor Certification Process

Most employers underestimate how long PERM immigration takes. The prevailing wage determination alone runs about four months. The employer must complete and document every step of the recruitment process before the application is filed. The Department of Labor then adjudicates the petition. For cases not selected for audit, that currently takes 15 to 16 months. One in four cases is audited. An audit adds six to twelve months, and the employer has 30 days to respond with full documentation. From start to certification, the process takes at least 24 months.

The Law Offices of Mary Kennedy, an immigration law firm that handles PERM labor certification cases across industries, manages the entire process for both the employer and the sponsored employee. Our PERM lawyers do not wait for the DOL to find gaps. Recruitment documentation and job descriptions are reviewed against DOL standards before filing. Nothing in our submissions invites audit.

Requirements

PERM Labor Certification Requirements

The perm process sets distinct obligations for the employer and the foreign worker. Here is what both parties must satisfy before the application can be filed.

The employer must establish

  1. A full-time, permanent position of at least 35 hours per week. Temporary and part-time roles do not qualify. Schedule A occupations, including registered nurses, are exempt from the PERM requirement.
  2. An offered wage that meets or exceeds the prevailing wage set by the Department of Labor for that role and location. The employer must pay 100 percent of the prevailing wage.
  3. A good-faith recruitment campaign completed between 180 and 30 days before filing, including two Sunday newspaper advertisements and a 30-day state workforce agency job order. A worksite notice must also be posted for ten consecutive business days.
  4. No qualified, available U.S. worker applied during recruitment. If one did and was not lawfully disqualified, the PERM cannot proceed.
  5. Job requirements that reflect actual minimum qualifications for the occupation. Requirements written around a specific foreign worker’s credentials will trigger a targeted audit.

The foreign worker must demonstrate

  1. Qualifications that match the advertised minimum requirements exactly – no more and no less than what the advertisement stated.
  2. The foreign worker must be admissible under U.S. immigration law at the time of adjustment of status.
  3. A bona fide job offer from an employer with the financial ability to pay the offered wage at the I-140 stage.
Documentation

PERM Labor Certification: Required Documents

Incomplete or inconsistent documentation is the most common reason PERM cases are audited or denied. Our labor certification attorneys compile and review every document before filing to make sure the record is audit-ready from the start.
The employer must prepare and retain
  • Form ETA-9089 (Application for Permanent Employment Certification), completed accurately and filed electronically through the DOL’s FLAG system.
  • Prevailing wage determination issued by the National Prevailing Wage Center, confirming the offered wage meets DOL standards for the role and location.
  • Newspaper advertisement tear sheets confirming both Sunday placements, along with the state workforce agency job order confirmation.
  • The signed internal worksite notice confirming it was posted for ten consecutive business days.
  • Resumes and applications received from all U.S. worker applicants during the recruitment period.
  • Written documentation of the lawful reason for rejecting each US worker applicant who applied.
  • Job description used in recruitment, matching the duties and minimum requirements listed on Form ETA-9089 exactly.
  • Business necessity documentation if the position includes requirements not standard for the occupation, such as an unusual combination of educational credentials or experience.
  • Evidence of the employer’s financial ability to pay the offered wage, submitted at the I-140 filing stage rather than at PERM.
The foreign worker must provide
  • Degree certificates and official transcripts confirming the academic qualifications stated in the application
  • Employment verification letters from prior employers matching the experience listed on Form ETA-9089
  • Valid passport with current visa stamps and I-94 arrival records confirming lawful U.S. presence, if the worker is already in the country
  • Any professional licenses or certifications required by the advertised position
Benefits

PERM Labor Certification: The Benefits

Completing the PERM process is the foundational step toward an employment-based green card for most EB-2 and EB-3 applicants. Approval carries several strategic advantages beyond the certification itself.

Priority date locked at PERM filing, not at approval

Enables H-1B seventh-year extensions after 365 days pending

I-140 portable to new employer after 180 days under AC21

Concurrent I-485, I-765, and I-131 filing when priority date is current

Demonstrates employer good faith during DOL audits

I-140 approval protects green card priority even after employer withdrawal

FAQ

PERM Labor Certification: Common Questions Answered

How long does the PERM process take from start to finish?

The full process takes a minimum of 24 months. Prevailing wage determination takes about four months. The Department of Labor is currently adjudicating non-audited cases in 15 to 16 months. If audited, add six to twelve months more. Our labor certification attorneys advise starting at least 24 months before the sponsored worker’s visa expires.

What triggers a PERM audit and how should employers prepare?

Audits are random or triggered by specific concerns. Job requirements written around a specific foreign worker are the most common targeted trigger. Discrepancies between the job description and Form ETA-9089 are another frequent cause. The DOL requires a full response within 30 days of the audit notice. Gaps in the recruitment record or missing rejection documentation are the fastest routes to denial. Our PERM lawyers structure every filing to withstand scrutiny before submission.

Can an H-1B holder benefit from a pending PERM application?

Yes. Under INA Section 214(g)(4), an H-1B holder whose PERM application has been pending for 365 days or more qualifies for a seventh-year extension. This keeps the worker in valid status while the green card process continues, with one-year increments available for as long as the PERM or I-140 remains pending.

What happens after PERM is approved?

The employer has 180 days from the DOL approval date to file Form I-140. Missing that window means the certification expires and cannot be revived. Once filed, the I-140 can be premium processed at USCIS in 15 business days. After approval, the foreign worker waits for their priority date to become current. For applicants from India and China in EB-2 and EB-3 categories, that wait can be significant.

What are the options if PERM is denied?

A denial is not final. The employer can request reconsideration from the certifying officer or appeal to the Board of Alien Labor Certification Appeals. A successful BALCA appeal preserves the original priority date established at the time of filing. Some workers may also qualify for pathways that bypass PERM entirely, including EB-1 for extraordinary ability or EB-2 with a National Interest Waiver.

The PERM Clock Never Stops

Connect with our PERM lawyer team to build filing strategy around timeline, visa expiry, and recruitment window.
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