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A PERM labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. Before an employer can file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS), they must generally obtain a PERM labor certification from the DOL.

The PERM labor certification verifies two critical points:

• There are not enough U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment.
• Hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For most professional positions, the employer must conduct a good-faith recruitment process, including advertising the job in specified media and documenting all results, before filing the application.

The DOL’s Foreign Labor Application Gateway (FLAG) system is used to electronically file the ETA Form 9089, Application for Permanent Employment Certification. Once the application is certified, the employer submits it to USCIS along with Form I-140, Immigrant Petition for Alien Worker.

Important Notes:

• The PERM process is the responsibility of the employer, not the employee.
• Certification is valid for 180 days and must be submitted to USCIS within this timeframe.

Employment-Based I-140 Categories

The U.S. government makes approximately 140,000 employment-based immigrant visas available each year. These are divided into five preference categories:

• EB-1: Priority Workers
  For individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives and managers.
• EB-2: Professionals with Advanced Degrees or Exceptional Ability
  For individuals with an advanced degree or exceptional ability in the arts, sciences, or business.
• EB-3: Skilled Workers, Professionals, and Other Workers
  Includes skilled workers with experience or training, professionals with a bachelor’s degree, and certain unskilled workers.
• EB-4: Special Immigrants
  Reserved for religious workers, certain international organization employees, and other special categories.
• EB-5: Immigrant Investors
  For investors who invest in a new U.S. business that creates full-time jobs.

How Boudia Immigration Law Assists

Boudia Immigration Law guides employers and individuals through the entire PERM labor certification and employment-based green card process. Our team ensures compliance with Department of Labor regulations, manages documentation and job advertising, and handles USCIS petition filings. We help:

• Evaluate eligibility and select the appropriate employment-based category
• Coordinate prevailing wage determinations and recruitment steps
• Prepare and file ETA Form 9089 through the FLAG system
• File Form I-140 with USCIS after DOL certification
• Develop long-term immigration strategies for global talent retention

Our experience streamlines a complex process and helps reduce the risk of costly delays. Whether you’re a business sponsoring a valued employee or an individual navigating the path to permanent residence, Boudia Immigration Law is here to help.