Employment-Based Green Cards

Get your employer-sponsored green card started on the right foundation. We manage the full Department of Labor recruitment process so your PERM application is audit-ready before it is filed.

What PERM Labor Certification Is and Why Employers Must Complete It

PERM labor certification is the mandatory Department of Labor process an employer must complete before sponsoring a foreign worker for an EB-2 or EB-3 employment-based green card. The government requires this process to verify that the employer ran a genuine recruitment campaign and found no qualified U.S. workers willing and available to fill the position. Only after the Department of Labor reviews and certifies that recruitment can the employer move forward with the immigrant visa petition at USCIS. If your employer is sponsoring you for a permanent green card, working with a PERM labor certification attorney Arlington VA ensures the recruitment is run to the DOL’s exact specifications.

The PERM process is entirely separate from USCIS. It operates under the Department of Labor’s Office of Foreign Labor Certification and has its own rules, timelines, and documentation requirements. Employers who approach this without legal guidance routinely make errors that cannot be corrected after the fact and are forced to restart the recruitment from scratch. An immigration attorney Arlington who manages the process directly with your employer’s HR team protects the entire case from the ground up before a single advertisement is placed.

Which Employers and Workers Are Required to Go Through PERM

Not every employment-based green card requires labor certification, but most do. Your employer must complete PERM if your case falls under one of the following:

You are being sponsored for an EB-2 green card through an employer based on an advanced degree or exceptional ability
You are being sponsored for an EB-3 green card as a professional, skilled worker, or unskilled worker
The job is a genuine permanent full-time position, not a temporary or project-based role
No blanket exemption applies to the employer’s industry or your specific occupational category

Workers who do not go through PERM include those filing an EB-2 National Interest Waiver without employer sponsorship, and those qualifying under the EB-1 extraordinary ability or outstanding researcher categories. If you are unsure whether your situation requires labor certification, Justin reviews the specifics of your job offer and green card category before any recruitment begins.

How the PERM Labor Certification Process Works

The PERM process follows a strict government-mandated sequence with hard deadlines at every stage. Here is the full timeline from start to certified application:

1

Determine the prevailing wage and job description

Justin secures the official DOL minimum wage determination and designs a precise, compliant job description with your employer.

2

Run the mandatory recruitment campaign

Your employer tests the U.S. labor market by placing mandatory newspaper, state, and internal advertisements for the position.

3

Document every applicant and outcome

The employer reviews all resumes and logs lawful, job-related reasons for non-selection in a mandatory five-year compliance file.

4

Observe the mandatory 30-day waiting period

Employers must wait 30 days after recruitment ends to allow U.S. applicants time to apply before filing paperwork.

5

File ETA Form 9089 and manage DOL audits

Justin submits the final PERM application to the DOL and personally prepares the response if the case faces an audit.

6

Receive the certified PERM and prepare for USCIS

Once approved, the employer has 180 days to file the Form I-140 immigrant petition with USCIS before certification expires.

The Four Stages Where PERM Applications Most Commonly Fail

The Prevailing Wage Is Set Incorrectly

If the employer offers a salary below the DOL-determined prevailing wage, the application will be denied. Justin reviews the wage determination as soon as it arrives and confirms the employer's offer meets the required level before recruitment begins.

Advertisements Do Not Meet DOL Specifications

Each channel has precise rules about placement, content, duration, and timing. An ad placed in the wrong publication, missing required language, or pulled down one day early creates a defect that cannot be corrected after filing. Justin reviews every ad before it runs.

Recruitment Records Cannot Survive an Audit

The employer must document not just that the position was advertised but specifically how each U.S. applicant was evaluated and why they were not selected. Vague notes give the DOL grounds to deny on audit. Justin advises your employer on how to document each candidate decision throughout the campaign.

The Application Is Filed Outside the Permitted Window

The PERM cannot be filed until at least 30 days after the last recruitment step, and no more than 180 days after the first. Missing either boundary means starting over. Justin tracks these dates and files within the correct window.

What Happens After the DOL Certifies Your PERM

PERM certification means the government agrees the employer followed the required process and found no qualified U.S. workers. It does not mean the green card is approved. The certified ETA Form 9089 becomes a supporting document in the I-140 immigrant visa petition filed with USCIS. The I-140 approval is where your priority date is established, which determines your place in the visa queue.

Justin files the I-140 promptly after certification to lock in the earliest possible priority date and walks you and your employer through what comes next, including Visa Bulletin monitoring and adjustment of status preparation.

Your Attorney

Working Directly With Justin

Justin Kadich manages every PERM labor certification case at American Dream Immigration personally. Your employer speaks directly with Justin throughout the recruitment period, and he reviews all documentation before any filing goes to the Department of Labor. PERM is the stage where employer-sponsored green card cases fail most often, and it is the hardest to recover from when it goes wrong. A denied PERM means restarting the recruitment entirely, which resets the employer’s timeline and delays the worker’s green card by a year or more. Justin’s direct involvement throughout the recruitment period is specifically designed to prevent that outcome.

Frequently Asked Questions

How long does the PERM labor certification process take?

The prevailing wage determination currently takes two to six months. The recruitment campaign itself takes roughly 60 to 75 days after that. DOL processing time for non-audited cases is generally six to twelve months after filing. Cases selected for audit take longer. Total time from starting the wage request to receiving a certified PERM is typically 12 to 24 months.

Can the employer start recruitment before the prevailing wage comes back?

No. Running any part of the recruitment before the prevailing wage determination is received is a procedural error that invalidates the recruitment. The employer must have the official figure in hand before placing any advertisements or posting the position internally.

How does the DOL decide which applications to audit?

The DOL selects applications both randomly and based on factors that suggest potential problems, such as unusual job requirements for the occupation or inconsistencies between the job description and the occupational classification. Justin structures every application to minimise audit triggers while accurately reflecting the genuine role requirements.

What happens if the employer rejects every U.S. applicant?

Rejecting all U.S. applicants is legally permitted if each rejection is based on a documented, lawful reason tied to the genuine minimum requirements of the job. The employer cannot reject qualified applicants simply to preserve the foreign worker’s position. Justin advises on how to evaluate and document each applicant’s qualifications throughout recruitment.

How do recent company layoffs affect a pending or planned PERM?

If an employer lays off workers in the same or a related occupation within 180 days of filing, they must actively notify and consider those laid-off U.S. workers for the PERM position. Justin evaluates recent corporate restructurings to ensure full labor compliance before proceeding.

Get Your PERM Labor Certification Right From the Start

A PERM denial sends both the employer and the worker back to the beginning after more than a year of work. Justin Kadich helps employers in Arlington and surrounding communities run compliant recruitment campaigns, build complete documentation files, and submit applications that hold up under Department of Labor review. Contact Justin to go over your employer’s job offer, the position requirements, and what the PERM timeline looks like for your case. You will work directly with an attorney who manages every step of the labor certification personally.