Sponsoring a foreign national employee for a green card begins with a PERM labor certification. Without proper immigration counsel, you risk delaying your employee’s green card by years. Antone, Casagrande & Adwers, P.C. has guided corporate companies through thousands of PERM cases. Whether your company has one foreign national or a thousand, our immigration attorneys are ready to serve you and your constituents at the highest level. Contact us today at (248) 406-4100 or law@antone.com
For a more detailed guide, check out our Employer’s Guide to Sponsoring a Green Card
Program Electronic Review Management (PERM) Certification is the process of showing the federal government that the employee you are sponsoring for a green card will not be taking the job of a qualified U.S. worker, and that the employee is not undermining the wages of U.S. Workers.
Employers demonstrate this by conducting a compliant job search to prove that there are no qualified U.S. workers for the position. Additionally, the employer must follow a Prevailing Wage Determination issued by the Department of Labor, which establishes a minimum salary the employer may offer for the position. PERM is filed by the employer using ETA Form 9089 through the DOL FLAG system. When approved, the PERM certification secures the employee’s place in line for a green card, known as a priority date.
After PERM approval, the employer must file Form I-140 with the USCIS. Once a visa number becomes available, the employee can file Form I-485, Adjustment of Status, to receive a green card.
Our firm also offers Adjustment of Status services.
If your company employs workers in any of the following visa categories, here is when the PERM process should begin. Our firm regularly provides employment visa services for employers.
The employee cannot be required to pay any PERM costs — all fees are the employer’s responsibility (20 C.F.R. §656.12(b)).
National Interest Waiver (NIW) can be an exception to the PERM Process.
This is not a comprehensive guide. For more information, our lawyers prepared a detailed resource on PERM Labor Certification.
Creating a Job Description
Before beginning the recruitment process, a compliant job description must be created. This description must reflect the actual job requirements and cannot be tailored to fit the foreign national.
Get a Prevailing Wage Determination (PWD)
After creating the job description, the employer must request a Prevailing Wage Determination (PWD) from the DOL. The PWD establishes the minimum salary the employer can offer for the job. This is to prevent foreign nationals from undercutting U.S. workers’ wages.
Recruitment (Job Search)
After receiving the PWD, the employer must conduct and record a job search. This includes posting an internal job notice for 10 days, a State Workforce Agency (SWA) job notice for 30 days, two Sunday newspaper ads, and three additional steps for professional roles, as outlined in our comprehensive guide to PERM.
Recruitment Report
The employer must document the steps taken in the job search, as well as each applicant and the reason for rejection, and retain the record for 5 years. If one of the U.S. applicants fits all credentials and interview requirements and accepts the salary offer, the PERM process must end.
File PERM ETA Form 9089
Employers must file ETA Form 9089 with the created recruitment report through the DOL FLAG System.
Receiving PERM Certification
Receiving PERM Labor Certification post-filing may take 15-17 months as of May 2026. After approval, the employer has 180 days to file Form I-140 with the USCIS to continue moving towards Adjustment of Status (green card)
Occasionally, the DOL will audit an employer’s PERM application. Although most audits are random, some are triggered by excessive job requirements (e.g., unnecessary language requirements). Upon audit, the employer has 30 days to respond with complete recruitment documentation.
The success of the PERM application is contingent on the employer responding. If the audit is unsuccessful, you must appeal or restart. Our attorneys prepare every PERM file to be audit-ready from the start, so clients never scramble on a 30-day deadline.
Success in PERM Labor Certification is in the details. A single mistake, whether it’s a job requirement that’s considered excessive, a missed recruitment step, or a late audit response, can lead to rejection and reset the employee’s priority date. Employers who decide to “DIY” the PERM process risk losing both time and money. Leveraging experienced immigration counsel is crucial to maximizing your odds and minimizing your risk. As specialists in corporate immigration law, our attorneys manage the PERM process for hundreds of employees from start to finish, keeping HR in the loop through regular communication.
The corporate immigration attorneys of Antone, Casagrande & Adwers, P.C. have spent decades helping multinational corporations navigate PERM Labor Certification. Our firm is rated AV-Preeminent by Martindale-Hubbell, one of the most respected and sought-after peer-reviewed distinctions for both legal ability and ethics.
Our firm is spearheaded by N. Peter Antone, a former adjunct professor of immigration law at Michigan State University, whose credentials include an AV-Preeminent rating by Martindale-Hubbell, listing in Who’s Who Legal: Corporate Immigration, Who’s Who in American Law, and being rated for 14+ consecutive years as both a Top Lawyer by DBusiness Magazine and a Super Lawyer by Super Lawyer Magazine. He has spoken on immigration policy on PBS television and has provided expert editorials for multiple publications, including the Detroit Free Press and the Wall Street Journal.
Our attorneys understand that the likelihood of success is only one factor in the equation when HR or in-house counsel looks for an immigration firm. That is why our firm’s competitive advantage lies not just in our great results, but in our excellent communication and employer-facing service. As part of our corporate services, we have traveled to companies’ headquarters to deliver immigration seminars and have provided similar services so that our clients feel we are an extension of their existing legal team.
Answer: The employer pays all costs — attorney fees, newspaper advertising, and any recruitment-related expenses. Under federal regulations (20 C.F.R. §656.12(b)), the employee cannot be required to pay any portion of PERM costs. If an attorney represents both parties, all costs still fall to the employer.
Answer: The DOL charges no government filing fee for the PERM application. Employer costs include attorney fees and recruitment advertising (typically $500–$1,500+ for required newspaper ads and job board postings). Total costs vary by firm and case complexity. Contact Antone, Casagrande & Adwers at (248) 406-4100 for a fee estimate specific to your situation.
Answer: A denied PERM application can be appealed to the Board of Alien Labor Certification Appeals (BALCA), or the employer can restart the process from scratch. A denial resets the employee’s priority date, which can add years to the timeline — making attorney guidance throughout the process essential to avoid avoidable errors.
Answer: Any U.S. employer — corporation, LLC, nonprofit, or university — may file PERM on behalf of a foreign national employee for an EB-2 or EB-3 green card. The employer must have a genuine, permanent full-time position to offer and must be able to demonstrate the financial ability to pay the prevailing wage.
Answer: Both EB-2 and EB-3 generally require PERM labor certification. EB-2 is for workers with an advanced degree or exceptional ability; EB-3 is for those with a bachelor’s degree or equivalent. For employees born in countries with long visa backlogs (particularly India and China), the choice of category can significantly affect wait times. An immigration attorney can advise on the most strategic option.
Answer: No. EB-1 is PERM-exempt for all three subcategories: EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers), and EB-1C (multinational managers and executives). Employers and employees who qualify for EB-1 can file the I-140 directly, significantly reducing the time to a green card.
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