FORMS: Form ETA-9089
PERM (Program Electronic Review Management) is the U.S. Department of Labor labor certification process required for most employer-sponsored EB-2 and EB-3 green cards. The employer must demonstrate that no qualified U.S. worker is available, willing, and qualified to fill the position offered. PERM is the gateway step before I-140 immigrant petition filing — and is highly technical with strict procedural requirements.
Position must be a real, full-time, permanent job opportunity; offered wage at or above prevailing wage; job requirements must reflect actual minimum requirements (not tailored to specific applicant); employer must demonstrate financial ability to pay; and good-faith recruitment must be conducted per PERM regulations.
Step 1: Submit prevailing wage request via FLAG system. Step 2: Conduct mandatory recruitment (job order with State Workforce Agency, two Sunday newspaper ads, three additional steps for professional positions, internal posting). Step 3: After recruitment completion (typically 60+ days), file Form ETA-9089. Step 4: DOL audits randomly; respond if audited. Step 5: Upon certification (typically 6–12 months), employer files I-140.
Required: prevailing wage determination; comprehensive recruitment per regulations; good-faith review of all applicants and detailed rejection rationale for each; recruitment report; ability-to-pay documentation; minimum requirements that match employer's actual standards; and detailed job description.
DOL filing has no fee; recruitment costs (newspaper ads, etc.); audit response costs if audited.
Prevailing wage 4–6 months; Recruitment 60+ days minimum; PERM adjudication 6–12 months (12+ if audited); BALCA appeal if denied 12+ months.
Our PERM practice is among our deepest. We handle hundreds of PERM cases annually across IT staffing, biotech, engineering, healthcare, and traditional industries. Specializations include: business necessity letters, multi-worksite analysis, BALCA appeals, audit defense, and complex re-recruitment scenarios. Our PERM handbook library serves as internal training for compliance excellence.
PERM is the most procedurally complex U.S. immigration filing. Even minor errors trigger denials. Contact our office to develop a defensible PERM strategy from prevailing wage through certification.
Call: 212-571-6002 | WhatsApp Available | GreenCardMaker.com
