Permanent Residence
PERM Labor Certification for Colorado Employers
PERM is the labor certification process an employer completes with the U.S. Department of Labor before sponsoring most employment-based green cards. Through it, the employer documents that it tested the U.S. labor market for the role and found no able, willing, qualified and available U.S. worker.
PERM is procedural and unforgiving: the recruitment must follow prescribed steps, the requirements advertised must match the requirements filed, and the file must be ready for audit years later.
PERM step by step
- Define the role, minimum requirements and worksite precisely
- Obtain a prevailing wage determination for the occupation and location
- Complete the required recruitment, including mandated notices and advertisements
- Review applicants against the stated minimum requirements and document the results
- Observe the required waiting periods before filing
- File the labor certification application and retain the full recruitment file
Prevailing wage determinations
The prevailing wage sets the floor the employer must offer for the position and location. The determination depends on the occupational classification, the skill level supported by the actual requirements, and the geographic area of employment. Requirements written above what the role truly needs can raise the wage and complicate the recruitment.
Recruitment requirements
Professional and non-professional roles have different required recruitment steps, and both require a notice of filing at the worksite. Advertisements must describe the job and the geographic area, cannot state requirements beyond those on the application, and must run within specific windows before filing.
Audits and supervised recruitment
Applications may be audited at random or because of the content of the filing. An audit response must produce the complete recruitment record, applicant tracking and lawful reasons for each rejection. Where the Department has concerns, it may order supervised recruitment, which extends the timeline considerably.
Common PERM mistakes
- Requirements on the application that do not match the advertisements
- Rejecting a U.S. applicant for a reason not stated in the minimum requirements
- Missing or undated notice of filing at the worksite
- Recruitment steps run outside the permitted time windows
- No documented review of resumes received
- Recruitment costs improperly charged to the sponsored worker
- Files discarded before the retention period ends
How Blasingame Law supports employers through PERM
The firm helps employers write requirements that reflect the actual role, manages the recruitment calendar, reviews applicant dispositions before filing, and assembles an audit-ready file from the start. For HR teams sponsoring more than one role, the firm can document a repeatable internal procedure.
Frequently asked questions
How long does PERM take?
The process includes the prevailing wage determination, a recruitment period with mandatory waiting times, and the Department of Labor's processing. Current government timeframes should be checked at the start of each case.
Can the employee pay PERM costs?
Certain costs, including the recruitment and attorney costs associated with the labor certification, must be borne by the employer and cannot be passed to the worker.
What happens if a qualified U.S. worker applies?
If an able, willing, qualified and available U.S. worker applies for the role as advertised, the employer generally cannot proceed with that PERM application.
How long must the recruitment file be kept?
The recruitment documentation must be retained for the period set by regulation and produced on audit, which can occur well after certification.
Does a certified PERM guarantee a green card?
No. Certification only completes the labor market test. The immigrant petition and the green card application are separate steps with their own requirements.
Can requirements include the employer's own experience gained on the job?
Experience gained with the sponsoring employer in the same role generally cannot be required, subject to narrow exceptions that need legal analysis.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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