Labor Certification (PERM) Attorney in North Miami
PERM labor certification is the first step for most EB-2 and EB-3 employment-based green cards. Barbara Warren Loli, Board Certified in Immigration & Nationality Law by The Florida Bar, represents employers and foreign workers through every stage, from the prevailing wage request to the final green card. Her clients include hospitals, hotels and multinational corporations, as well as individual professionals.
How the PERM Process Works
Prevailing wage determination
The Department of Labor sets the minimum wage the employer must offer for the position (Form ETA-9141).
Recruitment
The employer tests the U.S. labor market through a state job order, newspaper advertisements and, for professional positions, additional recruitment steps.
PERM filing
If no qualified U.S. worker is available, the employer files Form ETA-9089 with the Department of Labor.
I-140 petition
After certification, the employer files an immigrant worker petition with USCIS.
Green card
When the priority date is current, the worker completes adjustment of status in the U.S. or consular processing abroad.
For Employers
Compliant recruitment, audit-ready documentation, prevailing wage strategy, and coordination across multiple sponsored employees.
For Employees
Understanding your timeline, your priority date, and your options if your circumstances change.
Frequently Asked Questions
Who pays for PERM labor certification?
Department of Labor rules require the employer to pay the costs of the labor certification itself, including attorney fees and recruitment expenses. Who pays for later steps, such as the I-140 and the green card application, depends on the case.
How long does the process take?
Timing depends on Department of Labor processing times, the recruitment period, USCIS processing of the I-140, and visa availability for the worker’s category and country of birth. The Department of Labor publishes current processing times, and we review the expected timeline for your case during your consultation.
What is a prevailing wage?
It is the minimum wage, set by the Department of Labor for the occupation and work location, that the employer must offer for the sponsored position.
What is Schedule A?
Schedule A lists occupations the Department of Labor has already found to be in shortage, currently registered nurses and physical therapists. For these positions the employer does not go through the recruitment process and files the labor certification directly with the I-140 petition at USCIS.
What happens if the PERM application is audited?
The Department of Labor may request documentation of the recruitment and the employer’s compliance. A timely, complete response is critical, and employers must keep PERM records for five years.
Can I change jobs during the process?
A labor certification is tied to a specific job and employer. Once an I-140 is approved and an adjustment of status application has been pending for 180 days, a worker may be able to move to a same or similar job without starting over.
Can someone already working in the U.S. on another visa use PERM?
Yes. Many PERM cases involve workers already in the U.S., for example in H-1B or L-1 status, who are seeking permanent residence through their employer.
How do I get started?
Book a 60-minute consultation, virtual by Zoom or in person at our North Miami office. Employers and employees are both welcome.
Discuss your case with a Board Certified attorney
60-minute consultations, virtual by Zoom or in person at our North Miami office. English and Spanish.
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