PERM (Program Electronic Review Management) is the labor certification process required by the U.S. Department of Labor (DOL) before an employer can sponsor a foreign worker for an EB-2 or EB-3 employment-based green card.
The purpose of PERM is to demonstrate that there are no qualified, willing, and available U.S. workers for the specific position being offered to the foreign national. The employer must conduct a formal, DOL-prescribed recruitment campaign, document the results, and file an ETA Form 9089 with the DOL.
PERM is one of the most technical and time-sensitive processes in immigration law. Errors in the recruitment process, job description, or filing can result in denial or audit, forcing the employer to restart the entire process from the beginning — potentially losing years of priority date history. Stephen Bandar Law Office manages every aspect of the PERM process for Massachusetts employers and employees.
The DOL audits a significant percentage of PERM applications. An audit requires the employer to provide documentation supporting every aspect of the application — recruitment records, wage determinations, job descriptions, and more.
Responding to a PERM audit requires meticulous documentation and legal precision. A poorly handled audit response can result in denial and referral for supervised recruitment, adding 18+ months to the process. Stephen Bandar Law Office has successfully responded to numerous PERM audits and will fight to protect your case at every stage.
As of 2026, DOL processing times for PERM applications range from approximately 6 to 18 months for non-audited cases. If a PERM application is selected for audit, the process can extend to 24 months or more. Stephen Bandar Law Office builds PERM cases with audit-defense in mind from day one, minimizing the risk of delays. Contact us at (617) 417-1145 to discuss your employer sponsorship timeline.
EB-2 (Employment-Based Second Preference) is for professionals holding an advanced degree (master's or higher, or bachelor's plus 5 years of progressive experience) or individuals with exceptional ability in sciences, arts, or business. EB-3 is for skilled workers (requiring at least 2 years of training or experience), professionals (bachelor's degree), and unskilled workers. EB-2 generally has shorter wait times than EB-3 for most countries. Our attorneys will help determine which category applies to your situation.
Under DOL regulations, the cost of PERM labor certification must be borne by the employer, not the employee. The employee may pay for the I-140 petition and subsequent steps, but attorney fees and costs for the PERM recruitment process itself must be paid by the sponsoring employer. Stephen Bandar Law Office advises both employers and employees on their respective obligations in the PERM process.
After DOL approves the PERM labor certification, the employer must file Form I-140 (Immigrant Petition for Alien Workers) with USCIS. Once the I-140 is approved and a visa number becomes available (based on the employee's priority date and country of birth), the employee can apply for adjustment of status (if inside the U.S.) or consular processing (if abroad). Stephen Bandar Law Office handles the entire employment green card process from PERM through the final green card approval.
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