Business Immigration · PERM
PERM labor certification, managed stage by stage
Most employer-sponsored green cards in EB-2 and EB-3 start with PERM: the employer proves to the Department of Labor that no qualified U.S. worker is available for the job at the prevailing wage. PERM is a compliance process with strict documentation rules, and small errors can force you to start over. We run each of the three stages on a written calendar.
The three stages of an employer-sponsored green card
| Stage | Agency |
|---|---|
| 1. PERM labor certification (prevailing wage, recruitment, Form ETA-9089) | Department of Labor |
| 2. Form I-140 immigrant petition | USCIS |
| 3. Form I-485 adjustment, or consular processing | USCIS or Department of State |
See I-140 after PERM and employment-based I-485 for stages two and three.
How PERM works under 20 CFR part 656
- Job definition. The actual minimum requirements for the role, written so they are neither tailored to the worker nor inflated.
- Prevailing wage determination from the Department of Labor for the occupation and work location.
- Recruitment. Mandatory and additional recruitment steps under 20 CFR 656.17, plus a notice of filing posted for employees under 656.10.
- Good-faith review of applicants. Every U.S. applicant is considered against the stated requirements, and the reasons for rejecting each one are lawful and documented.
- Form ETA-9089 filing within the regulation's recruitment window.
- Decision, audit or denial. The Department of Labor may certify, audit or deny. A denial can be reconsidered or appealed to the Board of Alien Labor Certification Appeals.
Who pays which costs
The employer must pay the attorney's fees and other costs of preparing, filing and obtaining the labor certification. The worker may not reimburse them (20 CFR 656.12(b)). The I-140 and I-485 stages follow different rules, and we set out who pays what in the engagement letter. To our knowledge, the Department of Labor does not charge a PERM filing fee. USCIS fees for later stages are listed on the I-140 and I-485 pages.
Government fees across the three stages
| Stage | Item | Fee |
|---|---|---|
| PERM | Department of Labor filing | No filing fee charged by DOL (confirm at engagement) |
| I-140 | Form I-140 | $715 (paper) / $665 (online) |
| I-140 | Asylum Program Fee | $600 standard / $300 (small employer or self-petitioner) small employer |
| I-140 | Premium processing, optional | $2,965 |
| I-485 | Form I-485, per applicant 14+ | $1,440 (paper) / $1,390 (online) |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
We confirm USCIS amounts on the live G-1055 at each filing.
Timeline and validity
Department of Labor processing times change and are published on FLAG. We do not quote estimates. A certification is valid for a limited period, and the I-140 must be filed within it (20 CFR 656.30). The PERM filing date becomes the worker's priority date, which controls the wait shown in the Visa Bulletin.
Common PERM problems
- Job requirements that match the worker's résumé rather than the business need.
- Experience gained with the sponsoring employer used without meeting the regulatory exceptions.
- Missing recruitment documentation, which turns an audit into a denial.
- Layoffs in the occupation during recruitment that are not addressed.
- A wage offer below the prevailing wage.
If PERM or a later stage is denied or delayed
PERM denials go first to reconsideration or the Board of Alien Labor Certification Appeals, and federal court review follows that process. For later stages, see I-140 denial options, and for agency delay, USCIS delay lawsuits.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
Who can sponsor through PERM?
A U.S. employer offering a permanent, full-time job. The employer must be able to pay the offered wage from the priority date onward. That ability is proven at the I-140 stage.
Can the employee pay for PERM?
No. Under 20 CFR 656.12(b), the employer pays the costs of the labor certification itself, including attorney fees for that stage. Different rules apply to later stages and are set out in the engagement letter.
What is a prevailing wage determination?
The Department of Labor's ruling on the wage for the occupation at the work location. The job offer must meet or exceed it.
What happens in a PERM audit?
The Department of Labor asks for the recruitment documentation and other records. Employers who kept a complete recruitment file from the start are well placed to respond. We build that file as the recruitment happens.
Does every job need PERM?
No. EB-1 categories and the EB-2 National Interest Waiver skip PERM, and certain shortage occupations listed on Schedule A follow a different procedure. We check whether a shorter path applies before starting PERM.
How long is a PERM certification valid?
For a limited period set in 20 CFR 656.30. The I-140 must be filed within that period or the certification expires. We file the I-140 promptly after certification.
Is there a Department of Labor filing fee?
To our knowledge the Department of Labor charges no filing fee for PERM, but employer costs for recruitment advertising and legal work apply. USCIS fees begin at the I-140 stage.
Plan your PERM before the first ad runs
Book a paid consultation for the employer. We review the job, the worker's background and the timeline. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.