PERM Labor Certification in Silver Spring

PERM Eligibility & the Permanent Job Opportunity

Each case is tied to a specific U.S. employer, position, worksite, set of minimum requirements, and foreign worker. The sponsoring business generally must have a Federal Employer Identification Number and a U.S. location to which potential workers can be referred.

Before beginning the process, employers should be prepared to identify:

• Job duties: The work the employee will be expected to perform.
• Minimum qualifications: The education, training, experience, and skills genuinely required for the position.
• Worksite details: The location or locations associated with the permanent role.
• Worker qualifications: The records showing how the sponsored worker satisfies the stated requirements.

Prevailing Wage Determination & Recruitment

Before filing, the employer ordinarily obtains a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center. The determination establishes the required wage level based on the position, duties, requirements, and worksite information submitted.

Recruitment requirements depend in part on whether the occupation is professional or nonprofessional. Required steps may include advertisements, a job order, and a Notice of Filing, which informs employees of the planned labor certification filing. The employer must also retain records showing where recruitment appeared, who applied, and how each applicant was evaluated under lawful, job-related criteria.

Form ETA-9089, Audits, & Form I-140

Once the required preparation and recruitment are complete, the employer submits Form ETA-9089, the Application for Permanent Employment Certification, through FLAG, the Department of Labor’s Foreign Labor Application Gateway. The Office of Foreign Labor Certification may certify or deny the application or request supporting documentation through an audit.

A certified application can support the employer’s subsequent Form I-140 immigrant petition. If that petition is approved, the worker may pursue adjustment of status or consular processing when otherwise eligible and when an immigrant visa is available. Labor certification alone doesn’t grant permanent residence or another immigration status.