PERM Labor Certification

The Labor Market Test Behind Most EB-2 and EB-3 Green Cards

Serving Employers in Santa Ana

PERM is not a formality. It is a documented test of the labor market.

Before most EB-2 and all EB-3 green card sponsorships can move forward, the employer must obtain a labor certification from the Department of Labor showing that no able, willing, qualified, and available U.S. worker exists for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

This process, known as PERM, or Program Electronic Review Management, is administered entirely by the Department of Labor before an employer can file anything with USCIS.

Fontes Law Group immigration lawyers helps employers plan the prevailing wage request, structure a compliant recruitment campaign, and file the resulting application within the tight windows the regulations require, so a case that took months to build does not get denied over a documentation gap.

We serve employers from our Santa Ana and Riverside offices, and our team is fully bilingual in English and Spanish.

Where PERM Fits in the Green Card Process

PERM is the first of three stages in most employer-sponsored green card cases: the labor certification itself, the Form I-140, Immigrant Petition for Alien Worker, and finally Form I-485, Application to Register Permanent Residence or Adjust Status or consular processing.

Most EB-2 cases require PERM unless the employee qualifies for a national interest waiver, and every EB-3 case requires it.

Why Clients Choose Fontes Law Group

Experience. Compassion. Results.

At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our immigration attorneys understand how overwhelming and uncertain the U.S. immigration process can be. Whether you’re applying for a green card, sponsoring a loved one, seeking U.S. citizenship, or navigating another immigration matter, we guide you through every step with clarity, compassion, and strong advocacy.

Clients choose Fontes Law Group because we offer:

• Proven success handling family-based immigration, green cards, fiancé visas, citizenship, and other immigration matters
• A bilingual legal team serving clients in English and Spanish
• Office locations in Santa Ana and Riverside
• No fees for your initial consultation
• A trusted reputation among individuals and families across Southern California

Step 1: The Prevailing Wage Determination

Before recruitment can begin, the employer must request a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center using Form ETA-9141.

The prevailing wage determination states the minimum wage the employer must offer for the position in that specific location and is valid for no less than 90 days and no more than one year from the determination date, under 20 C.F.R. Section 656.40(c).

The employer must either begin recruitment or file the labor certification application within that validity window.

Step 2: Recruitment

For professional occupations, the employer must place a 30-day job order with the State Workforce Agency and run print advertisements on two different Sundays, plus select three additional recruitment steps from a list that includes job fairs, the employer’s website, job search websites, and other methods, under 20 C.F.R. Section 656.17(e).

All required recruitment steps must take place at least 30 days, but no more than 180 days, before the application is filed.

Basic Requirements

• A job order placed with the State Workforce Agency for 30 days
• Print advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment
• Three additional recruitment steps selected from the regulatory list, for professional occupations
• A 30-day quiet period after the last recruitment step before the application can be filed
• Detailed documentation of every step, retained for future reference

Step 3: Filing Form ETA-9089

Once recruitment is complete and the required waiting period has passed, the employer files Form ETA-9089, Application for Permanent Employment Certification, describing the job, the prevailing wage, the recruitment conducted, and the foreign worker’s qualifications.

The Department of Labor may certify the application, deny it, or select it for audit, which requires the employer to submit its full recruitment file for review.

After Certification: Filing With USCIS

Once DOL certifies the labor certification, the employer generally has 180 days to file Form I-140, Immigrant Petition for Alien Worker, according to the USCIS Policy Manual.

The certified labor certification must be submitted with the I-140, along with evidence that the employer can pay the offered wage.

Speak With a Santa Ana PERM Labor Certification Attorney

If you are preparing to sponsor an employee through PERM, or you are managing a case that has hit a snag with timing or documentation, Fontes Law Group can help. Call our Santa Ana office at 714-571-0738 to schedule your free initial consultation.

Helpful Resources

FAQs About PERM Labor Certification