PERM
The First Step Toward an Employment-Based Green Card
The PERM (Program Electronic Review Management) Labor Certification is the process through which a U.S. employer proves to the Department of Labor (DOL) that there are no qualified U.S. workers available for the offered position, and that hiring a foreign worker will not negatively impact the wages or working conditions of U.S. employees. At aiLegal, we guide employers and employees through this complex process—ensuring compliance, accuracy, and a smooth path to permanent residency.
What You Will Get with Us
Step-by-Step Guided Process
We break down the PERM process into clear, manageable steps for both employers and employees.Tailored Recruitment Guidance
We assist employers in conducting the mandatory recruitment process, including job postings, advertisements, and internal notices.Personalized Document Checklist
We provide customized checklists for employers and employees to gather required evidence and records.Prevailing Wage Determination Support
We help employers request and secure the official prevailing wage determination from the DOL.Thorough Application Review
Our team carefully reviews recruitment reports, forms, and supporting evidence to avoid errors that could delay certification.Comprehensive Legal Review
An immigration attorney ensures compliance with all DOL and USCIS regulations before submission.Ready-to-File Application Package
We prepare and organize the PERM application for timely filing through the DOL system.Transition to Green Card
Once PERM is approved, we guide employers and employees through the next steps: filing the I-140 petition and eventually the I-485 adjustment of status.
Form ETA-9141 (Application for Prevailing Wage Determination)
Form ETA-9089 (PERM Labor Certification Application)
Form I-140 (Immigrant Petition for Alien Worker, filed after PERM approval)
Form I-485 (Application to Register Permanent Residence or Adjust Status, if visa number available)
Frequently Asked Questions
What is PERM?
PERM is the first step in most employment-based Green Card processes. It ensures that hiring a foreign worker will not displace or disadvantage qualified U.S. workers.
Who files the PERM application?
Only the U.S. employer can file PERM on behalf of the foreign worker. The employee cannot self-petition.
How long does PERM take?
The process varies but generally takes 6–12 months, including prevailing wage determination, recruitment, and DOL processing times.
What happens after PERM is approved?
The employer must file Form I-140 with USCIS. Once approved, the employee may apply for a Green Card through Form I-485 (if a visa number is available).
Can PERM be expedited?
No. Unlike some petitions, PERM applications cannot be premium processed. Timely and accurate filing is critical.
What if PERM is denied?
Employers may request reconsideration, appeal to the Board of Alien Labor Certification Appeals (BALCA), or restart the process.
