PERM Labor Certification At Burgos Law
Looking to bring in skilled—or even semi-skilled—employees from abroad? If so, your business may need a PERM labor certification. At Burgos Law, we simplify this multi-step process so you can focus on running your company.
WHAT IS Perm?
PERM (Program Electronic Review Management) is the first step in sponsoring an employee for an EB-2 or EB-3 green card—a visa designed for professional, skilled, or unskilled workers. The Department of Labor (DOL) uses PERM to make sure hiring foreign talent won’t hurt U.S. workers. It involves three key steps:
Step 1: Prevailing Wage Determination
First, you ask the DOL to determine the prevailing wage—the average salary for the position in your area. This ensures you’re offering fair pay to your foreign employee.
Step 2: Recruitment of U.S. Workers
Once the wage is set, you must actively recruit U.S. workers:
Post a 30-day job order with the state workforce agency
Run two Sunday newspaper ads
And for professional workers choose at least three more options, like online job boards, career fairs, your website, trade publications, or radio/TV ads
You must prove you gave U.S. workers a fair shot at the job—and none were qualified or available.
Step 3: Filing the PERM Application
If your recruitment efforts do not turn up any qualified U.S. workers, the next step is to file the PERM application (ETA Form 9089). This is how you get an approved labor certification from the Department of Labor—and it’s the last step with them before you can move ahead with the immigration process through USCIS
What if your PERM application is audited?
You’ll have 30 days to submit records—like ad copies, recruitment notes, and hiring logs. And you must keep ALL documentation for five years from the date of filing the PERM Application
WHAT COMES Next?
After DOL issues an approved Labor Certification, your foreign employee’s green card process continues in two steps:
Step 1
I‑140 Petition: Filed with USCIS by the employer to establish the job offer, ability to pay the wage, and employee qualifications.
Step 2
This is the final part of the green card process. Your employee will either finish the process in the U.S. if they’re eligible to adjust status, OR go through a U.S. embassy or consulate abroad, if necessary.
WHY WORK WITH Burgos Law?
Navigating PERM is complex—but you don’t have to do it alone. Our team can help by:
Getting accurate wage determinations
Designing compliant recruitment plans
Filing a clean ETA Form 9089
Guiding you through audits (if they occur)
Preparing the I‑140 and supporting documents
Moving smoothly into green card application phase
FAQs
Is there a filing fee for PERM?
No. The DOL doesn’t charge for PERM. Fees you’ll face later—like I‑140, medical exams, and visa processing—are separate .
Can we skip PERM with an EB‑2 National Interest Waiver?
Yes, EB-2 applicants may be eligible for a National Interest Waiver which lets you bypass PERM entirely.
How is the ETA-9089 submitted?
The application is filed online through the DOL’s FLAG system.
Can the PERM process be expedited?
No, there is no premium processing available for the PERM application. Employers must wait for the standard processing times.
Can the job location on the application be different from the location in the recruitment ads?
No, the job location on the ETA-9089 must match the location used in the recruitment efforts, as the prevailing wage and advertising are tied to that specific location.
READY TO Begin?
If you’re thinking about hiring a foreign national for a green card through PERM Labor Certification (or other potential options), let’s start with a strategy session. We’ll map out your steps, so your PERM filing is precise, compliant, and timely.