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PERM Labor Certification Case Management

PERM is the DOL labor certification most EB-2 and EB-3 green cards need before the employer files Form I-140. Prima.Law tracks every stage, from prevailing wage to the certified ETA-9089.

The Prima.Law Chrome extension filling Form ETA-9141 in DOL FLAG

Who Files

The employer, not the employee. DOL certifies there are not enough able, willing, qualified and available U.S. workers for the job.

Key Forms

Form ETA-9141 for the prevailing wage determination, then Form ETA-9089, both filed through DOL's FLAG system.

Priority Date

The date DOL accepts the ETA-9089 for processing becomes the priority date for the later I-140 and green card.

Good to Know

A certification is valid for 180 days. The employer must file Form I-140 with USCIS within that window or it expires.

General Qualifications for PERM Labor Certification

Permanent labor certification lets an employer hire a foreign worker to work permanently in the United States. DOL certifies that there are not enough able, willing, qualified and available U.S. workers for the job. Filing is the responsibility of the employer, not the employee, and once DOL certifies the application, the employer seeks immigration approval from USCIS.

The employer first requests and receives a prevailing wage determination from the National Prevailing Wage Center, usually on Form ETA-9141. It then completes the recruitment steps required for the occupation type and the Notice of Filing under 20 CFR 656.10, and files Form ETA-9089, online in FLAG or by mail. The date DOL accepts the application becomes the priority date.

Supporting documents are not filed with the application, but the employer must provide them if the application is selected for audit or the Certifying Officer requests them. DOL guidance says the employer must keep this documentation for five years from the filing date. A certification is valid for 180 days for filing Form I-140.

Clients This Case Type Helps

  • U.S. employers sponsoring workers for EB-2 or EB-3 green cards
  • H-1B and L-1 workers moving to permanent residence
  • Universities sponsoring college and university teachers
  • Employers filling professional and non-professional positions
  • H-1B workers who need a PERM filing to extend past six years

General Qualifications

  • The employer files the application; the employee cannot file it.
  • The employer must request and receive a valid prevailing wage determination before filing.
  • Recruitment must follow the steps the regulations set for the occupation type: professional, non-professional, or college and university teaching.
  • All employers must comply with 20 CFR 656.10 regarding the Notice of Filing.
  • DOL must find there are not enough able, willing, qualified and available U.S. workers for the position.
  • Supporting documentation must be provided if the application is audited, and kept for five years from the filing date.
  • The certification expires unless the employer files Form I-140 with USCIS within its 180-day validity period.

Consultation Screening Questions

  1. What are the job's actual minimum requirements, and did the worker gain qualifying experience outside this job?
  2. Is the job professional, non-professional, or a college or university teaching position?
  3. Has the employer had layoffs in this occupation or area recently?
  4. Does the worker have any ownership interest in, or family relationship with, the employer?
  5. Has the employer filed PERM for this worker or job before, and was it audited or denied?
  6. When do the worker's current status and H-1B six-year limit run out?
  7. Can the employer show ability to pay the offered wage from the priority date on?
  8. Is the target EB-2 or EB-3, and what is the worker's country of chargeability?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in PERM Cases

Recruitment Timelines Are Unforgiving

Prevailing wage, ads, the Notice of Filing and the ETA-9089 must happen in order and on time, and one misstep can force a restart.

How Prima.Law helps: The PERM template sets each stage as a case flow item with a proven checklist by active immigration lawyers; the employer uploads ads and records in the portal and staff mark items complete.

FLAG Sessions Fail Mid-Entry

ETA-9141 and ETA-9089 entries in FLAG are long, and a slow or unavailable site can wipe out an hour of careful typing.

How Prima.Law helps: ETA-9141 and ETA-9089 data is prepared once in Prima.Law and the Chrome extension sends it into FLAG. If FLAG is slow, times out or goes down, the data stays safe and is sent again.

Audit Risk and the 180-Day Window

DOL can audit and demand recruitment records, and the certified ETA-9089 expires if the I-140 is not filed within 180 days.

How Prima.Law helps: Recruitment records stay organized in the case for any audit request, priority date tracking starts at the ETA-9089 filing, and USCIS receipt tracking follows the I-140.

How Prima.Law Helps With PERM Cases

PERM Case Flow

The template lays out prevailing wage, recruitment, notice of filing, ETA-9089 and I-140 as case flow items with a matching checklist.

FLAG Data Entry

Autofill fills ETA-9141 and ETA-9089 fields from the employer and employee contacts, and the Chrome extension sends them into FLAG.

Priority Date Tracking

Record the ETA-9089 filing date as the priority date and track it through the I-140 and the green card stage.

Employer Collaboration

The employer sees the shared case in the client portal and uploads recruitment ads, job descriptions and financial records.

Typical Forms and Evidence

How a PERM Case Works

The DOL stage of an EB-2 or EB-3 case

01

Prevailing Wage

The employer files Form ETA-9141 with the National Prevailing Wage Center, usually through FLAG.

02

Recruit

The employer completes pre-filing recruitment and the Notice of Filing, if applicable to the occupation.

03

File the ETA-9089

The employer files Form ETA-9089 in FLAG. DOL's acceptance date becomes the priority date.

04

File the I-140

Once certified, the employer files Form I-140 with USCIS within 180 days.

Related Case Types

H-1B Visa

Registration, LCA, I-129, cap-exempt petitions, extensions and transfers.

EB-2 NIW

National Interest Waiver self-petitions on Form I-140, no PERM needed.

EB-1 Visa

EB-1A extraordinary ability, EB-1B researchers, EB-1C multinational managers.

Business Immigration

All business immigration case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles PERM Labor Certification cases.

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