PERM Labor Certification in Philadelphia, PA

Employer-Sponsored Green Cards for Philadelphia Businesses

PERM labor certification is the required first step for most EB-2 and EB-3 employer-sponsored green card cases, and it’s one of the most process-intensive obligations in employment-based immigration. A single documentation gap, an overly restrictive job description, or a missed recruitment deadline can result in denial or an audit that adds months to the timeline. 

At Henry & Grogan, we represent Philadelphia employers through every phase of the PERM process, from the prevailing wage request through Form ETA-9089 filing and beyond. If your company is ready to begin the green card process for a valued employee, contact us today. We offer free initial consultations and represent employer clients at affordable rates.

Call us at (215) 568-1500 to shcedule a free, initial consultation.

How PERM Labor Certification Works

The Department of Labor (DOL) administers PERM. Before approving an application, the DOL must be satisfied that no qualified, willing, and available U.S. worker exists for the position and that hiring the foreign national won’t adversely affect wages or working conditions for U.S. workers. 

Approval of the PERM application is a prerequisite before an employer can file Form I-140, the Immigrant Petition for Alien Workers, with USCIS. The date the PERM application is filed with the DOL becomes the employee’s priority date, which governs their place in the green card queue.

Timing matters from the start. Once the DOL approves a PERM application, the employer has 180 days to file the I-140 with USCIS. Missing that window means restarting the entire process. 

Because PERM alone can take a year or more, employers sponsoring H-1B workers should begin the green card process well before the employee’s visa status is set to expire. For current processing time estimates, the DOL’s FLAG portal is the authoritative source.

Not every case requires PERM. Some EB-2 candidates may qualify for a national interest waiver, which bypasses the labor certification requirement. Schedule A occupations, including professional nurses and physical therapists, are also exempt. We can help you determine which path fits your situation before you commit to a strategy.

The Three Phases of the PERM Process

PERM unfolds in three sequential phases, each with specific regulatory requirements. That structure is why PERM demands careful planning rather than a last-minute filing push.

Prevailing Wage Determination

Before recruitment begins, the employer must request a prevailing wage determination from the DOL. This establishes the minimum wage that must be offered to the foreign national worker in the role. The wage is tied to the job duties, requirements, and the geographic location where the work is performed, which creates additional complexity for employers with remote or hybrid arrangements.

Recruitment Campaign

The employer must conduct a good-faith recruitment campaign within the 30-to-180-day window before filing. Mandatory steps include a job posting with the State Workforce Agency and advertising in two Sunday editions of a major newspaper of general circulation. Professional positions require three additional recruitment steps. 

All results must be documented: 

• Resumes received
• Ads placed
• A recruitment report explaining why each U.S. applicant wasn’t hired for a lawful reason

Employers must retain this audit file for five years after filing.

Audit risk is real. DOL audits can be random or triggered by factors such as layoffs in the same occupation within the prior six months or job requirements that appear tailored to the foreign national rather than the genuine needs of the position. An audit response is due within 30 days, and a poorly prepared response can derail an otherwise approvable application.

Form ETA-9089 Filing

The employer prepares and submits Form ETA-9089 through the DOL’s FLAG portal, attesting to job requirements, recruitment steps, results, and wage compliance. The form is detailed, and the DOL holds employers to what they attest. Under DOL regulations, all costs of the PERM process, including legal fees and advertising, must be borne by the employer and may not be passed to the foreign national employee.

Why Philadelphia Employers Work With Henry & Grogan

Sponsoring a foreign national employee is a significant investment: in time, fees, and the operational planning that goes into keeping a valued worker on staff. When that process hits a complication, the firm handling it needs to be able to do more than refile paperwork.

Henry & Grogan represents Philadelphia-area employers, including hospital systems, research institutions, and life sciences and technology companies, through the full employment-based immigration process: H-1B petitions, PERM labor certifications, and immigrant worker petitions through to green card approval.

We also help employers avoid problems before they start. Remote and hybrid work arrangements create compliance exposure that many employers don't discover until an audit is already underway. Work location affects prevailing wage determinations, and getting it wrong can put a sponsorship and an employer's ability to hire foreign nationals in the future at risk. We can address these issues when structuring the arrangement, not after the damage is done.

When complications arise, we don't stop at the filing level. If USCIS schedules an adjustment of status interview for a sponsored worker, we can prepare our clients adequately. Our firsthand experience with USCIS interviews shapes how we get employees ready.

If an application stalls or a denial appears to be wrong, we can file actions in federal court to compel a decision. This is a step that most immigration firms don't take, but one we use when the situation calls for it.

If a case must be appealed or a worker faces removal, we have the litigation record to respond at every level. 

For Philadelphia employers, the question isn't just whether a firm can file the PERM. It's whether they can protect the investment if something goes wrong. That's what we're built to do.

Start at Henry & Grogan with a Free Consultation

The earlier an employer engages counsel for PERM labor certification, the more options are on the table. Prevailing wage strategy, job description review, and recruitment planning all affect the strength of the application before the DOL ever sees it. We work with employers throughout the Philadelphia region and across the country, helping them avoid and resolve any complications with immigration law.

Call (215) 568-1500 or contact us online to schedule a free initial consultation to learn more about PERM labor certification and employment-based green card sponsorship.

Not sure where to start? Your first conversation with us costs nothing.

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