PERM – Frequently Asked Questions

What is PERM?

    PERM is the process for labor certification. The employer must perform the necessary recruitment to show that they were unable to find a qualified U.S. worker to fill a certain position.

What is the Priority Date?

    The Priority Date is the date that the DOL (Department of Labor) receives the Labor Certification filing.

What if I filed an I-140 petition directly with USCIS without a Labor Certification Filing (National Interest Waiver, Extraordinary Ability, Outstanding Professor/Researcher)?

    In this case the priority date is the date the USCIS receives the I-140 petition.

Why is the Priority Date important?

    The Priority Date is important because the USCIS will not accept the I-485 petition (the I-485 is the last step in the green card process) until the priority date is current.

How do I know when my priority date is current?

      The State Department issues a Visa Bulletin each month that lists the priority dates.

What is the difference between EB-2 and EB-3?

EB-2 and EB-3 are determined by the employer’s requirements for the position.

EB-2: In order for a petition to qualify for EB-2, the position must require at least a Masters Degree (or foreign equivalent), or a Bachelors Degree and 5 years of experience*.

EB-3: In order for a petition to qualify for EB-3, the position must require at least 2 years of experience*.

*Under certain circumstances the experience may be acquired with the sponsoring employer.  This is on a case by case basis and must be fully analyzed before a determination can be made.

Why is it more desirable to have an EB-2 petition?

    The EB-2 category priority date becomes current before the EB-3 category.
    This means that EB-2 applicants are usually able to file their I-485 green card petition sooner than EB-3 applicants.

If I have a Masters Degree (or foreign equivalent), or a Bachelors Degree and 5 years of experience, do I automatically qualify for the EB-2 category?

    No. The category depends on the employer’s requirements for the position. If the employer only requires a Bachelor Degree, then it would be in the EB-3 category.

What is the prevailing wage?

    The prevailing wage is the minimum wage that the employer agrees to pay the worker.
    The employer must show evidence that they have the ability to pay the prevailing wage during the I-140 petition (the 2nd step in the green card process).
    Such evidence includes copies of the company’s 3 most recent federal income tax returns or audited financial statements, or if the company has over 100 employees, a letter from a company attesting that the company has the ability to pay the prevailing wage.
    This financial documentation is submitted with the I-140 petition to USCIS.

How can I find the prevailing wage range?

Click here: Prevailing Wage.

Notice of Filing FAQ’s

Posting Timeframe

May I post a Notice of Filing for a permanent labor certification indefinitely?

    Yes, an employer may post a Notice of Filing indefinitely, provided that at the time of filing the permanent labor certification application, the Notice of Filing was posted for at least 10 consecutive business days and those 10 consecutive business days all fell within 30 to 180 days prior to filing the application.
    In addition, the Notice of Filing must contain the correct prevailing wage information, the correct job description and must comply with all other Department of Labor regulatory requirements.

Posting Quantity

I have multiple positions available for the same occupation and job classifications and at the same rate of pay. May I post a Notice of Filing for the same occupation and job classifications with a single posting?

    Yes, an employer can satisfy Notice of Filing requirements with respect to several positions in each of these job classifications with a single Notice of Filing posting, as long as the single posting complies with the Department of Labor’s regulation for each application (e.g. contains the appropriate prevailing wage information and the Notice of Filing must be posted for 10 consecutive business days during the 30 to 180 day time window prior to filing the application).
    For instance, separate notices would have to be posted for an attending nurse and a supervisory nurse (e.g. nurses containing different job duties).
    NOTE: At the time of filing the labor certification, the prevailing wage information must not have changed, the job opportunity must remain the same and all other Department of Labor regulatory requirements must be followed.

Posting Location

Where must I post a Notice of Filing for a permanent labor certification for roving employees?

    If the employer knows where the employee will be placed, the employer must post the notice at that work-site(s) where the employee will perform the work and publish the notice internally using in-house media–whether electronic or print–in accordance with the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question.
    The prevailing wage indicated in the notice will be the wage applicable to the area of intended employment where the worksite is located.
    If the employer does not know where the employee will be placed, the employer must post the notice at that work-site(s) of all of its current clients, and publish the notice of filing internally using electronic and print media according to the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question.
    The prevailing wage will be derived from the area of the staffing agencies’ headquarters.
    If the work-site(s) is unknown and the staffing agency has no clients, the application would be denied based on the fact that this circumstance indicates no bona-fide job opportunity exists.
    The employer cannot establish an actual job opportunity under this circumstance.
    A denial is consistent with established policy in other foreign labor certification programs where certification is not granted for jobs that do not exist at the time of application.

Notice of Filing Language

Does the language on the electronic in-house media Notice of Filing need to be exactly the same as the language on the physical in-house Notice of Filing?

    The regulations require that the employer publish the notice internally using in-house media–whether electronic or print–in accordance with the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question.
    The language should give sufficient notice to interested persons of the employer’s having filed an application for permanent alien labor certification for the relevant job opportunity.
    It is not required to mirror, word for word, the physical posting.In most cases, the physical posting language will be the most efficient way to electronically post the Notice of Filing; in others, the software program used to create the electronic in-house posting may be unable to accept all of the language used in the physical Notice of Filing.
    In every case, the Notice of Filing that is posted to the employer’s in-house media must state the rate of pay and apprise the reader that any person may provide documentary evidence bearing on the application to the Certifying Officer.
    If there is insufficient space to include the Certifying Officer’s address, then information as to where the address can be found must be provided.

Advertisement Content FAQ’s

Does the advertisement have to contain the so-called “Kellogg” language where the application requires it to be used on the application?

    Where the “Kellogg” language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity.
    However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program.
    Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.

Can jobs requiring experience be advertised through an on-campus placement office?

    For professional positions, the regulations at 20 CFR 656.17(e)(1)(ii)(D) permit, as an additional recruitment step, optional pre-filing recruitment at or through a college or university placement office.
    The preamble to the regulation (69 Fed. Reg. 77325, 77345 (Dec. 27, 2004)) assumed that this option would be used only if the employment opportunity requires a degree but no experience.
    The Department has examined this policy in light of the fact that many college and university placement offices maintain job listings that are used by alumni with experience as well as recent college or university graduates.
    Consequently, the job opportunities requiring experience are included in the listings making campus placement offices a viable recruitment source for professional job requiring experience as well as not requiring experience.
    As a result, the Department is clarifying its position and permitting this option to be used for employment opportunities even if the job requires experience in addition to the degree.

Is the employer required to include the statement, “any suitable combination of experience of education, training, or experience is acceptable” on the application when the employer requires experience in an alternate occupation and not in the job offered?

    No, the employer is not required to include the statement on the application if the employer has indicated it requires experience in an alternate occupation and not in the job offered.
    The “any suitable combination of experience of education, training, or experience is acceptable” statement is only required where there are primary as well as alternative requirements and then only if the alien is already employed by the employer and the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s “alternative” as opposed to its “primary” requirements.

After completing our recruitment, but before filing the ETA Form 9089, our company’s name was changed after it was wholly acquired by another company. Does the company name used in the advertisements used for recruitment have to match the company name used on the ETA Form 9089?

    The employer must conduct recruitment using its legal name at the time of the recruitment.
    However, an Application for Permanent Employment Certification (ETA Form 9089) must be filed in the name of the employer’s legal name at the time of submission.
    If a merger, acquisition, or any other corporate change in ownership occurs between the time of recruitment and the time of submission, resulting in a disparity between the employer’s name shown on the advertising used to recruit for a job opportunity and the employer’s name on the submitted ETA Form 9089, the employer must be prepared to provide documentation — in the event of an audit — proving that it is the successor in interest, a determination made based on the totality of the circumstances, including whether the current employer has assumed the assets and liabilities of the former entity with respect to the job opportunity.

Audit FAQ’s

Can the employer submit alternative evidence in the absence of primary evidence in response to an audit request?

    Under the procedures outlined in 20 CFR 656.20, in response to an audit, employers must present the required documentation.
    The documentary evidence the regulations require the employer to maintain in its compliance file is what is sought in an audit request.For example, the use of an employer’s web site is to be documented by dated copies of pages from that site advertising the occupation involved in the application.
    However, if the employer does not have the primary evidence suggested by the regulation, it may attempt to satisfy the request through the use of alternative evidence not specifically listed in 656.17.
    In the case of the employer’s web site, in the absence of a copy of the posting, the employer may provide an affidavit from the official within the employer’s organization responsible for the posting of such occupations on the web site attesting, under penalty of perjury, to the posting of the job.
    Whether such evidence will be accepted depends upon the nature of the submission and the presence of other primary documentation. The more primary evidence is not provided, the more likely the audit response will be found to be non-responsive.

The United States Citizenship and Immigration Services (USCIS) has posted a sample of a Notice of Filing for a Schedule A permanent labor certification on their website. Will the Department of Labor accept/honor such a posting as sufficient proof of the Notice of Filing for a non-Schedule A permanent labor certification?

    An employer may use the posting sample of a Notice of Filing issued by the USCIS and such a posting will be honored by the Department of Labor (DOL) provided that the Notice of Filing includes the employer’s name when filing under the basic labor certification process.
    DOL will honor the use of the sample form, but is not endorsing or requiring its use.
    Employers may use other forms, as long as they comply with the PERM regulation.
    Please note that, while the USCIS sample does not include an employer name field, the Notice must contain the name of the employer if the application is filed under 20 CFR 656.17.

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Related Links:
PERM Overview
EB-2 vs EB-3
PERM / I-140 Ability Pay Requirement
PERM and Prevailing Wage Processing Times
PERM and I-140 Complete Do it Yourself Kit
PERM Attorney

Client Reviews

We hired Marc and John and worked with them for nearly a year and half. They were always patient and extremely helpful at every turn of event. It was a very positive experience working with them.
Wu Jonathan
Wu Jonathan
04:21 15 May 18
Reliable, economical, impeccable work and really fast. They know their work and would ensure every line is true to your details. Will be using their services again and highly recommended!
Geet Divekar
Geet Divekar
00:04 04 May 18
It has been an absolute pleasure working with John and Marc. They have helped and assisted throughout the last 15 years with every single of my work related petition and finally my Green card. Filing petitions with USCIS can be a daunting task but Marc and John have the experience and expertise in filing and assisting employers with several Non Immigrant petitions. I have refereed several of my friends and will continue to do so. Finally, I have three words for this firm. Professional, Efficient and Affordable. The 5 star rating should speak for itself!!
Sushil Pallemoni
Sushil Pallemoni
20:32 02 Apr 18
This is a top notch Green card services Attorney, right from day one i was told correctly in detailed instruction what to do, Online Document upload and constant contact with John Dorer made it a breeze. They are strict discipline guys and expect all the communication and process to be so, so it might feel like they are rude at first, but believe me they are the best and them being strict helps in long run. Documentation to Interview dates, i had to change the address last minute and John made sure that it was done in time even though my application was already out of their office , the recalled and made a correction for me. Take their services, they are top notch in process and will make your life super simple, my MGC application was submitted on 3 Dec 17 and i had a GC in hand by March 18 , Cannot thank them enough for a every step guidance for GC. Thanks Taylor & Associates
Sanjeev Tyagi
Sanjeev Tyagi
05:13 01 Apr 18
I am very thankful to John Dorer, Marc Taylor and the TNA staff for the services provided during my Green Card process from Day 1 to finish. I couldn't ask for more. The lawyer's fee are very reasonable and affordable. They deserve a 5 -star rating and I will absolutely recommend this firm to everyone I know.
Romeo Ranera
Romeo Ranera
15:09 29 Mar 18
Absolute top notch firm for any and all immigration assistance. They assisted me in obtaining my permanent residency and through it all were right there to assist with trouble shooting and complications. Any and all questions were always answered within hours and you’re never left to feel anything less than a top priority as a client. The friendliness and professionalism with which they operate is A1 and I wouldn’t have been able to navigate the complications of USCIS without Marc and John. Highly recommend anyone seeking assistance to contact them!
Vanessa Nolan
Vanessa Nolan
21:05 21 Mar 18
I was very pleased with their professional service from the beginning to the end for my citizenship application. I am a professional working in the higher education and somewhat familiar with the immigration process. For that reason, I was thinking of applying it by myself but I found Taylor and Associates whose service fee is very affordable and worth of my time. Indeed, they found some of minor mistakes in my application, which could have delayed much longer for my application process. Luckily, they caught and fixed them immediately. Their communication was excellent. In fact, everything was very smooth. Even after I had the approval notice, they followed up with valuable advices. I strongly recommend their service if you need immigration services. Thank you Marc and John for your excellent services.
Dominic Choo
Dominic Choo
17:12 23 Dec 17
my wife and i worked with John Dorer from Marc Taylors Associates. He's services were awesome and amazing. i would recommend him to anybody applying for their permanent resident to work with them.
Seun Olanrewaju
Seun Olanrewaju
15:33 22 Dec 17
Used the services of this office for Green Card through AOS and was mainly in contact with John Dorer. I was unsure about their services at first, considering the unusually affordable cost but was pleasantly surprised by their prompt responses to all our questions and their timely preparing and handling of our documents! Will be using their services again when filing for removal of condition! Definitely recommended!
Lisa Lorentzon
Lisa Lorentzon
22:56 10 Dec 17
Marc and John helped me apply and get my green card. They are very specific about needed documents and other details. Also, they are very responsive when you have a question. I know I emailed them several times just to ask questions that I could have found answers online myself. They are very patient and professional. If you want to get great services with reasonable fees contact them!
Amin Bagheri
Amin Bagheri
11:54 12 Oct 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
19:18 23 Feb 17
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16

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