Your Guide to PERM Labor Certification Attorney Services A concise, employer-ready roadmap to move from recruitment to certified PERM — minimizing avoidable mistakes and delays. What PERM Actually Is (and Why It Matters) Department of Labor Certification PERM is the DOL process that verifies an employer conducted a bona fide recruitment search and found no qualified U.S. workers for the role. Gatekeeper for EB-2 and EB-3 DOL certification is a prerequisite before an employer-sponsored EB-2 or EB-3 petition moves to USCIS. Timing the Case Correctly: The Sequence That Can’t Be Broken PERM follows DOL rules and timelines distinct from USCIS. Recruitment and documentation must be completed in the correct order — mistakes in timing or sequence often cannot be remedied and force a restart. Recruitment errors are common and costly: treat timing as a legal safeguard, not an administrative detail. Is Your Case “PERM Required”? Generally required for EB-2 (advanced degree / exceptional ability) and EB-3 (professionals, skilled, unskilled) employer-sponsored petitions. Not required for some categories: EB-1, and certain EB-2 NIW (National Interest Waiver) cases. Determine early — it affects recruitment, wage setting, and timeline planning. Step One: Prevailing Wage + Job Description (Foundation or Failure) Prevailing Wage Determination Sets the minimum salary the employer must offer. Underpaying risks denial. Precise Job Description Accurate duties, minimum qualifications, and job location must align with recruitment and wage request. Common Pitfall Over-broad or inconsistent job requirements that diverge between recruitment ads and ETA Form 9089. Step Two: Recruitment That Meets DOL Specifications Employers must test the U.S. labor market using mandatory recruitment steps (newspaper, state workforce agency, internal postings, and additional recruitment for professional positions). Ads must follow strict content, placement, and timing rules — any deviation can create fatal defects. Follow the exact ad language required by DOL. Document dates, publications, and applicant responses. The Audit File: Proving “Why” for Every Candidate Maintain a meticulous audit file: applicant resumes, interview notes, lawful, job-related reasons for rejection, and evidence of advertising. Vague or generic explanations invite DOL scrutiny — clarity and consistency are essential. Preserve Evidence Record Rejections Collect Applications Filing ETA Form 9089 + Surviving the DOL Review The ETA Form 9089 is the formal PERM submission. Careful preparation reduces audit risk. If audited, expect a document-driven response window — Justin prepares submissions and manages audits to protect employers. 1 Typical Timeline From wage request to certified PERM: approximately 12– 24 months depending on audits and processing. 2 Audit Readiness Organize evidence proactively — audited cases hinge on documentation quality, not persuasion. After Certification: What Changes (and What Doesn’t) PERM certification does not grant the green card; it enables the employer to file the I-140 with USCIS. I-140 establishes the priority date — timing for adjustment of status or consular processing follows. Justin continues support after certification: I-140 preparation, strategy for priority-date retention, and next-step planning. Work Directly With Justin Kadich — Next Steps American Dream Immigration: "No Big Firm. No Runaround. Just Real Immigration Help." Work directly with Justin for focused, pragmatic PERM guidance. Contact (571) 473-7048 justinkadich80@gmail.com https://americandreamimmigration.us/ What Justin Provides Personalized PERM strategy, wage and job description reviews, recruitment oversight, ETA 9089 preparation, audit responses, and I-140 follow-through. Ready to start? Call or email to schedule a consultation and protect your PERM timeline.