If your employer is sponsoring you for an employment-based green card, the first real step is often the PERM (Program Electronic Review Management) process. PERM is the U.S. Department of Labor’s labor certification system. It is designed to confirm that there are no able, willing, qualified, and available U.S. workers for the role at the offered wage, and that sponsoring a foreign worker will not harm wages and working conditions for similarly employed U.S. workers. This is where a PERM lawyer typically matters most, because the program is a structured compliance project with strict recruitment rules, timing requirements, and documentation expectations. One small drafting mistake can cause an audit, a denial, or a restart.
In this guide, you will learn the core labor certification steps and the recruitment rules employers must follow, plus how a PERM lawyer helps keep the case consistent from start to finish.
When a PERM lawyer is part of your green card plan
PERM is commonly required for many EB-2 and EB-3 employer-sponsored green card cases. Even when the overall plan feels straightforward, it’s often the longest and most detail-sensitive stage.
At the same time, not every employment green card path requires PERM. Some categories can avoid labor certification entirely. For example, certain EB-1 categories and some EB-2 strategies do not rely on PERM.
If you want a broader view of how PERM fits into employer sponsorship, see our guide on a business immigration attorney at https://migrationlawhelp.com/business-immigration-attorney-a-clear-current-guide-for-employers-and-founders/.
A practical way to think about it is this:
- PERM-based cases are employer-led and recruitment-heavy.
2. Non-PERM strategies are usually evidence-heavy and category-specific.
3. A PERM lawyer can help you confirm which track fits your facts, and then build a calendar that matches the rules instead of guesswork.
PERM lawyer roadmap: labor certification steps from wage to filing
The Department of Labor’s PERM program overview is the best baseline for what the government expects, including the high-level steps and eligibility points at https://flag.dol.gov/programs/perm.
In practice, most PERM cases move through three phases:
- A prevailing wage request.
2. A defined recruitment campaign.
3. A PERM filing (Form ETA-9089) with a defensible audit file.
Step 1: Prevailing wage and job design (PERM lawyer role)
Before recruitment begins, the employer typically needs a prevailing wage determination. This is the government’s view of what the job should pay in that geographic area, based on the duties and requirements.
This stage is not only about money. It also forces clarity on job design. A PERM lawyer will usually push the employer to lock down:
- The job title and core duties.
2. The minimum education and experience requirements.
3. The worksite location, including any remote or hybrid setup.
4. Any travel requirements.
This matters because PERM is a consistency exercise. If the job description shifts during the case, the employer can end up with internal contradictions between the prevailing wage request, recruitment ads, and the final PERM filing.
Step 2: PERM recruitment rules and required ads
Recruitment is the heart of PERM. The employer must test the U.S. labor market using specific methods, then document the results.
A PERM lawyer typically manages recruitment strategy in two ways:
First, they confirm whether the job is treated as “professional” under the PERM rules, because that affects which recruitment steps apply.
Second, they build a compliant calendar, because timing is one of the most common failure points.
Even when an employer uses a vendor to place ads, the legal risk remains with the employer. That is why many companies use a PERM lawyer to supervise language, placement, and documentation.
Step 3: Filing ETA-9089 and building the audit file
After recruitment is completed, the employer files the PERM application, typically using Form ETA-9089.
The form is short compared to the amount of work behind it. It has to match the recruitment record, the prevailing wage facts, and the employer’s real-world job needs.
A PERM lawyer’s job here is quality control. They will usually review:
- Minimum requirements for clarity and consistency.
2. Recruitment documentation to confirm it supports the outcome.
3. The audit file to ensure it is complete if the Department of Labor audits the case.
If you want to see the government’s form itself, the Department of Labor posts Form ETA-9089 here.
PERM recruitment rules employers must follow
Recruitment is not a casual hiring process. It is rule-based recruiting done for a specific purpose. The employer must run the steps in good faith and keep documentation that proves what was done.
A PERM lawyer will usually start by checking that the job requirements reflect the actual minimum. They will often challenge requirements that look inflated or tailored to one person.
Examples include:
- Unusual combinations of skills.
- Excessive experience demands for the role.
- Degree requirements that do not match the occupation.
- Narrow tools, platforms, or certifications that are not truly required.
When requirements look customized, the case is more likely to face an audit, and it becomes harder to defend.
Mandatory recruitment steps and extra steps for professional jobs
PERM has baseline recruitment steps that many cases must follow, and professional jobs often require additional recruitment steps from a permitted list.
A PERM lawyer will manage the checklist and the evidence.
For example, typical required items often include:
- A job order with the State Workforce Agency.
2. Two print advertisements on separate Sundays in a newspaper of general circulation.
3. A Notice of Filing posted at the worksite for a required period so current employees are informed.
For professional occupations, the employer generally must also choose additional recruitment steps from the allowed options. These can include common modern methods like employer websites or other recruitment channels, but they must still meet the rule requirements and be documented properly.
Timing rules matter as much as the ads
A PERM case can be derailed by timing mistakes even when the ads look correct.
In many cases, the employer cannot file immediately after recruitment ends.
PERM timing rules require a buffer: the mandatory recruitment steps must be completed at least 30 days (and no more than 180 days) before filing ETA-9089, and for professional cases only one additional recruitment step may occur within 30 days of filing under 20 CFR 656.17(e).
A PERM lawyer’s value here is simple: calendar discipline. They create a timeline that stays within the recruitment window, respects the quiet period, and avoids a filing date that is too early or too late.
Documentation is not optional
Even in clean cases, the Department of Labor can audit. When that happens, the employer must produce documents quickly and in a defensible form.
A PERM lawyer will typically require the employer to maintain a structured audit file that includes:
- Copies of every recruitment step.
2. Proof of publication and posting.
3. A recruitment report that explains lawful, job-related reasons for rejecting U.S. applicants.
4. Resume logs and interview notes, where applicable.
The goal is to be able to show, months later, exactly what happened and why.
Common PERM pitfalls a PERM lawyer watches for
Most PERM problems are preventable. They happen because the case was treated like ordinary hiring, or because the case moved forward without a consistent plan.
Here are frequent issues a PERM lawyer tries to catch early:
- Requirements that are too narrow or inconsistent across documents.
2. Job duties that change after the prevailing wage request.
3. Remote or hybrid language that is not handled consistently.
4. Recruitment steps that were done, but not documented correctly.
5. Rejection reasons that are vague, subjective, or unrelated to the stated minimum requirements.
When a PERM lawyer is involved early, the employer can usually adjust job language, recruitment methods, and documentation habits before the case becomes fragile.
After PERM: what happens next with USCIS and the State Department
PERM is only one stage of an employment-based green card plan. After a labor certification is approved, the employer usually moves to the immigrant petition stage with USCIS (U.S. Citizenship and Immigration Services).
In many PERM-based cases, the next filing is Form I-140 with U.S. Citizenship and Immigration Services.
Then, depending on the worker’s location and eligibility, the final green card step is usually either adjustment of status inside the United States or consular processing abroad. The U.S. Department of State explains the employment-based immigrant visa process.
If you are currently in a temporary work status, it also helps to understand how employer sponsorship often links to nonimmigrant options like H-1B while the green card case moves. Here is our H-1B overview.
What to ask before hiring a PERM lawyer?
Because PERM is based on compliance, it is reasonable to ask process questions before the employer commits to a strategy. A strong PERM lawyer should be able to explain the workflow clearly.
Useful questions include:
- Who drafts the job description and minimum requirements, and how are they reviewed?
2. How will recruitment steps be chosen, scheduled, and documented?
3. Who reviews U.S. applicants, and how are rejection reasons recorded?
4. How will the case file be organized in case of an audit?
5. How will PERM facts be kept consistent for later USCIS filings?
A good answer should sound like a system, not a mere hope.
Conclusion
PERM is the stage where many employment-based green card cases either become smooth and predictable or turn into expensive restarts. That is why employers often use a PERM lawyer. Your lawyer’ role is to design a compliant process, control the recruitment calendar, and build documentation that can withstand scrutiny.
If your employer treats PERM like a structured project, keeps the job requirements realistic, and follows recruitment rules carefully, the case is far more likely to stay on track from prevailing wage through the I-140 and beyond.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
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