PERM Labor Certification Attorney in Chicago
PERM labor certification is the first step in the employer-sponsored green card process for most EB-2 and EB-3 cases. The process requires employers to demonstrate that no qualified U.S. workers are available for the position. At Liberum Law, our PERM attorneys in Chicago guide employers through every stage of the labor certification process.
The PERM process involves obtaining a prevailing wage determination from the Department of Labor, conducting a recruitment campaign following specific DOL requirements, filing the PERM application (ETA Form 9089) with the DOL, and maintaining a recruitment report and supporting documentation for potential audit. Our attorneys ensure compliance at every step, minimizing the risk of denial or audit complications.
Common PERM challenges include business necessity justification for job requirements exceeding the normal minimum, recruitment result documentation and audit responses, prevailing wage disputes, and timing coordination with H-1B status maintenance. Our PERM lawyers have extensive experience navigating these complexities.
Contact our PERM attorneys at Liberum Law for a free employer consultation.
Frequently Asked Questions
What is PERM labor certification?
PERM is the Department of Labor process required for most employment-based green cards (EB-2 non-NIW and EB-3). The employer must demonstrate that no qualified U.S. workers are available, willing, and able to perform the offered job at the prevailing wage. Approval is a prerequisite to filing the I-140 petition.
How long does PERM take?
Total typical timeline: 6–14 months. Steps: Prevailing Wage Determination (3–4 months), recruitment campaign (60+ days), PERM application (8–14 months processing). Audits add 6–12 months. Plan well in advance, especially for time-sensitive transfers or extensions.
What is prevailing wage and why does it matter?
DOL's determination of the standard wage for the position in the geographic area, based on the OES wage data. The employer must offer at least the prevailing wage. Setting up the right job description and requirements is critical — too high requirements trigger audits, too low fail prevailing wage.
What kinds of recruitment does PERM require?
Professional positions: 30-day job order, two Sunday newspaper ads, internal posting, and three additional recruitment steps (job fair, employer website, employee referral, etc.). Non-professional: fewer requirements. All evidence must be retained for 5 years for potential audit.
What happens if PERM is audited?
DOL may audit randomly or for cause. Audit notice requires comprehensive documentation of recruitment, wage determination, and process compliance. Many audits resolve favorably with proper documentation; deficiencies can trigger denial. We respond to PERM audits and supervised recruitment.
