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LEGAL SERVICES

PERM Labor Certification & EB-2 / EB-3 Sponsorship

For most employees sponsored by an employer, the green card runs through PERM: a Department of Labor process in which the employer tests the U.S. labor market for the position and certifies that no qualified U.S. worker was available. It is procedural, deadline-driven and audited, and a small error restarts the clock. We run PERM cases for employers from the prevailing wage request through the I-140, and we tell sponsored employees what the process means for their own timeline.

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HOW WE HELP

What we work on

01

Prevailing wage determination

The job description, minimum requirements and location drive the wage the employer must offer. We draft the position so that the requirements are genuine, defensible and not tailored to the employee, and we request the wage determination before recruitment begins.

02

Recruitment and the quiet period

The state job order, newspaper advertisements, additional recruitment steps for professional positions, the applicant review and the recruitment report, each with its own timing rule, followed by a waiting period before the ETA-9089 can be filed. We calendar every step.

03

Filing, audits and supervised recruitment

The ETA-9089 is filed when recruitment closes. Audits request the recruitment file; supervised recruitment can follow. A file kept in order from the start is the only real defense.

04

I-140 and what follows

Once certified, the employer files the I-140 with evidence of ability to pay and of the employee's qualifications as of the PERM filing date, which becomes the priority date. We advise on EB-2 versus EB-3 classification, on the effect of retrogression for China-born employees, and on porting to a new employer after approval.

OUR APPROACH

How the case moves forward

01

Design

Define the position and requirements and request the prevailing wage.

02

Recruit and file

Run the recruitment on schedule, prepare the report and file the ETA-9089.

03

I-140 and beyond

File the I-140 after certification and plan the I-485 or consular stage around the priority date.

HOW WE WORK WITH PETITION CLIENTS

Four elements of our approach; specific service terms are set out in the engagement agreement.

We find the strengths, not just file the materials

We do not write from the folder you send us. We go through your record, ask questions and look for evidence you did not know counted.

Guidance on strengthening your record

Where the record is not yet ready and the plan is realistic, we may advise some clients, at no charge, on how to build it legitimately before filing.

Approve-or-refile option

For eligible clients whose signed engagement agreement includes this option, we will prepare and refile a denied petition without an additional attorney fee, subject to the agreed scope and conditions. Government filing fees and third-party costs are not included unless expressly agreed.

RFE responses included

For full-representation petitions, an RFE response is included when specified in the engagement agreement; stand-alone review services are separate.

COMMON QUESTIONS

Questions we hear often

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

How long does PERM take?+
The prevailing wage, recruitment and Department of Labor processing each take months, and timelines change. We do not quote totals; we do keep the employer's part of the process moving without gaps.
Does the employee pay for PERM?+
No. The employer must bear the costs of the labor certification, including attorney fees for that stage. The I-140 and I-485 are treated differently.
What if a U.S. worker applies?+
The employer must review every applicant against the stated minimum requirements. If a qualified, available U.S. worker applies, the certification cannot proceed for that position. This is why the requirements must be set carefully and honestly at the start.
My employer filed PERM. Can I change jobs?+
Before I-140 approval, generally not without starting over. An approved I-140 generally preserves your priority date even if the employer later withdraws it after 180 days, and once the I-485 has been pending 180 days the case can move to a similar job with a new employer.
THE NEXT STEP

Ready when you are.

Briefly describe your legal needs. We offer a complimentary initial consultation and will discuss the next steps with you.

Request a consultation