PERM
PERM Labor Certification
DOL labor certification testing the U.S. labor market for a permanent position, followed by the employer's I-140 immigrant petition.
PERM is a documentation regime with an audit at the end of it: fixed recruitment steps, fixed windows, and a job description that has to be word-identical everywhere it appears. Attest holds the recruitment calendar and compares the postings against the 9089 and the I-140 for you.
The document checklist
What the client is asked for — before you have to ask twice.
A new PERM starts with this checklist already on the case. Your client sees it in the portal in their own language, uploads from their phone, and each item flips to received as it arrives.
Required
9 items- Prevailing wage determination (ETA-9141)
- SWA job order (30 days)
- Two Sunday print advertisements
- Three additional recruitment steps (professional occupations)
- Internal notice of filing (10 business days)
- Recruitment report with lawful rejection reasons
- Consistent job description across all postings
- Ability-to-pay evidence (I-140 stage)
- Beneficiary qualification documents (as of priority date)
If it applies
3 items- Notice to the bargaining representative (unionized roles)
- Layoff notification records (layoffs in the last 6 months)
- Business-necessity documentation for restrictive requirements
What the evidence is measured against
An evidence map, criterion by criterion.
Attest reads every document on the case and maps it to the elements below — marking each one supported or a gap, and citing the page it relied on. A gap is stated plainly rather than papered over.
Where these cases get RFE’d
The grounds USCIS comes back on.
When a notice does arrive, upload it — Attest extracts each request, maps it against what you already have on file, and drafts a cited response plan. The response deadline it finds is docketed only after you confirm it against the notice page itself.
DOL audit of recruitment and rejection reasons
A rejection reason that isn't lawful, or a recruitment step whose proof was never collected.
Restrictive requirements without business necessity
Requirements exceed the SVP for the occupation with nothing on file justifying them.
Ability to pay not established
Net income or net current assets don't cover the proffered wage from the priority date forward.
Beneficiary qualifications as of the priority date
Experience gained with the sponsoring employer, or credentials dated after the priority date.
Inconsistencies across the 9089, ads, and I-140
Title, duties, worksite, or requirements drift between documents. Attest diffs them.
Bring a PERM case you already have open.
Nothing to migrate. Upload the file you’re working on and see a cited evidence map against these criteria.
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