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.
What we work on
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.
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.
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.
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.
How the case moves forward
Design
Define the position and requirements and request the prevailing wage.
Recruit and file
Run the recruitment on schedule, prepare the report and file the ETA-9089.
I-140 and beyond
File the I-140 after certification and plan the I-485 or consular stage around the priority date.
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.
Questions we hear often
Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.