Labor Certification (PERM) for Employment-Based Green Cards

The Permanent Labor Certification Program (commonly known as PERM) is a critical first step for many foreign workers seeking employment-based permanent residency in the United States. 

At Benach Pitney Reilly Immigration, we guide employers and employees through the complex PERM process to help secure green cards for qualified foreign talent.

Our attorneys provide strategic counsel to ensure compliance with Department of Labor (DOL) requirements and help employers demonstrate that there are no able, willing, and qualified U.S. workers available for the job..​

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What Is PERM Labor Certification?

PERM is a process by which a U.S. employer obtains certification from the Department of Labor to sponsor a foreign worker for permanent employment in the U.S. It is required for many employment-based green card categories, particularly the EB-2 and EB-3 visa classifications.

The goal of PERM is to protect the U.S. labor market by ensuring that foreign workers are not filling positions that could be filled by qualified U.S. workers.

Key Steps in the PERM Process

Step 1: Determine Job Requirements

Employers must define the minimum education, experience, and skill requirements for the job, which must be consistent with industry standards and not tailored to the foreign worker’s background.

Step 2: Prevailing Wage Determination (PWD)

The employer requests a prevailing wage from the DOL to ensure that the foreign worker will be paid at or above the typical wage for the role and location.

Step 3: Recruitment and Advertising

A multi-step recruitment process must be conducted to determine if there are any qualified U.S. workers available for the position. This includes:

  • Posting the job with the state workforce agency.
  • Publishing two Sunday print ads in a newspaper of general circulation.
  • Additional recruitment steps for professional positions (e.g., job fairs, radio ads, employer website postings).

Step 4: Filing the PERM Application

If no qualified U.S. workers are found, the employer may file Form ETA 9089 with the DOL to request certification.

Step 5: Green Card Petition (I-140)

Once PERM is approved, the employer can file an I-140 Immigrant Petition for the foreign worker, initiating the green card process.

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Who Needs PERM?

PERM labor certification is generally required for:

  • Skilled workers applying under the EB-3 visa category.
  • Professionals with advanced degrees applying under the EB-2 category (when not using a National Interest Waiver).
  • Employers seeking to permanently hire a foreign worker for a full-time job.

Important Considerations for PERM Labor Certification

  • Strict Timelines: Recruitment steps must be completed and documented within specific time frames. Failure to follow these requirements can result in denial.
  • Audit Risk: The DOL may audit PERM applications, requiring additional documentation. A strong legal strategy can reduce risk.
  • Job Specificity: The job offer must be for a permanent, full-time position and not tailored to the foreign worker’s unique background.
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How Benach Pitney Reilly Immigration Helps?

At Benach Pitney Reilly Immigration, we bring clarity and strategic insight to the PERM process. Our legal team helps employers and foreign workers by:

  • Carefully defining job requirements to ensure DOL compliance
  • Managing all phases of recruitment and documentation
  • Advising on prevailing wage requests and recruitment strategy
  • Preparing and filing ETA 9089 applications with precision
  • Responding to DOL audits and requests for evidence
  • Coordinating the I-140 petition process following PERM approval

With decades of experience in employment-based immigration, we guide clients through the PERM process with efficiency, integrity, and a clear focus on long-term immigration goals.

Why Partner with Benach Pitney Reilly Immigration?

Employers and professionals navigating the PERM process need more than form-filling — they need legal strategy, precision, and proactive problem-solving. Benach Pitney Reilly Immigration brings all of that and more to every labor certification case.​

  • Deep Experience with DOL Processes:  We have successfully guided employers through prevailing wage determinations, complex recruitment steps, and DOL audits.
  • Recruitment Strategy and Compliance: Our team helps develop and document compliant recruitment campaigns to minimize audit risk and ensure smooth filings.
  • Tailored Support for Complex Cases: From start-ups to multinational employers, we adapt PERM strategies to fit your organization’s structure and long-term goals.
  • Meticulous Documentation Review: We leave nothing to chance. Every form, advertisement, and supporting document is reviewed for consistency and accuracy.
  • Smooth Transition to the Green Card Process: Once PERM is approved, we seamlessly handle the I-140 and adjustment of status or consular processing steps.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
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