For employers in Cleveland, Ohio, and across the state seeking to sponsor foreign workers for
permanent employment, PERM labor certification is a critical first step. This process, overseen by the U.S. Department of Labor (DOL), plays a foundational role in employment-based green card sponsorship. It ensures that hiring a foreign worker will not negatively impact job opportunities or wages for U.S. workers.
At Bartell, Georgalas & Juarez, we guide both Cleveland employers and foreign nationals through every phase of the PERM process with precision and care. From compliance with federal labor regulations to preparing accurate filings and supporting documentation, we help our clients avoid costly mistakes and delays.
With offices in Independence, Columbus, and Oxford, Ohio, our firm is well-positioned to serve businesses across multiple industries and geographic regions. Whether you’re a Cleveland-based hospital recruiting a highly trained medical specialist or a Columbus-based tech firm retaining a foreign software engineer, we tailor our legal strategy to meet your needs and keep you in full compliance with
immigration law.
What Is PERM Labor Certification and Who Is Eligible?
PERM (Program Electronic Review Management) labor certification is the first of three key stages in most employment-based green card cases in the EB-2 and EB-3 preference categories. The PERM process is designed to ensure that employers seeking to hire foreign workers are not displacing qualified U.S. workers.
The employer must demonstrate to the Department of Labor that:
- There are no qualified, willing, and available U.S. workers for the offered position
- The position is a permanent, full-time job
- The offered wage meets or exceeds the prevailing wage for that job in the geographic location (e.g., Cleveland, Ohio)
PERM does not apply to all employment-based green card categories but is required in most professional and skilled worker cases. The employer, not the foreign worker, is responsible for filing the PERM application.
Employer Requirements:
- Must offer a bona fide permanent, full-time position
- Must complete a mandatory recruitment process to test the U.S. labor market
- Must pay the prevailing wage set by the DOL
- Must be able to demonstrate financial ability to pay the offered wage
Employee Requirements:
- Must meet all job requirements listed in the PERM application at the time of filing
- Must intend to fill a permanent role
- Must be lawfully present in the U.S. or eligible to adjust status when the time comes
Industries across Ohio, including healthcare, engineering, finance, higher education, and information technology, commonly use PERM labor certification to fill long-term roles that require advanced skills and education. In Cleveland, Ohio, employers often turn to PERM to sponsor researchers, physicians, software developers, and more.
At Bartell, Georgalas & Juarez, we help Cleveland employers ensure that their job descriptions are legally sound, their wage determinations are accurate, and their recruitment efforts are fully compliant with DOL guidelines.
PERM Application Process
The PERM labor certification process is multi-step and requires careful documentation, strict adherence to deadlines, and in-depth knowledge of federal regulations.
Our Cleveland-based immigration attorneys walk clients through the full process from start to finish.
Here is a simplified breakdown of the PERM process:
1. Prevailing Wage Determination
The first step is to submit a request to the U.S. Department of Labor for a prevailing wage determination (PWD). This sets the minimum salary the employer must offer for the specific job in the specific location (e.g., Cleveland, Ohio). It typically takes several months to receive a response.
2. Recruitment Process
The employer must conduct a good-faith recruitment campaign to determine if any qualified U.S. workers are available. This includes:
- Two Sunday newspaper ads in a widely circulated publication in the area
- A job order with the state workforce agency (e.g., OhioMeansJobs)
- Internal posting of the job notice for at least 10 consecutive business days
- For professional positions, at least three additional recruitment methods, such as:
- Job fairs
- Employer website
- Online job boards
- Campus recruitment
- Employee referral programs
All recruitment steps must be documented thoroughly and conducted within a specific 180-day window before filing.
3. Filing ETA Form 9089
If no qualified U.S. workers are identified through the recruitment process, the employer files ETA Form 9089 electronically with the DOL. This form must contain precise details about the job, recruitment steps, and the foreign worker’s qualifications.
4. PERM Approval
If the DOL is satisfied that the employer met all recruitment and wage requirements, it will approve the PERM application. This certification is valid for 180 days and enables the employer to proceed with the I-140 immigrant petition to USCIS.
Common Challenges in the PERM Process
Even minor mistakes in the PERM process can result in denial or audit, causing significant delays in the green card timeline. Employers in Cleveland, Ohio, and throughout the state often face challenges such as:
Common PERM Pitfalls:
- Improper job classification or requirements that disqualify the foreign worker or seem overly restrictive
- Inaccurate recruitment documentation, such as missing ads or unclear timelines
- Incorrect prevailing wage requests, leading to unrealistic or unaffordable salary obligations
- Random audits or triggered audits by the DOL due to suspicious job descriptions or company history
- Failure to retain recruitment records for five years as required
Our Cleveland attorneys at Bartell, Georgalas & Juarez are skilled at identifying these risk areas early and preventing costly setbacks. We support employers throughout Cleveland, Independence, Columbus, and Oxford, Ohio, with compliant recruitment strategies and robust documentation preparation.
How Long Does the PERM Process Take?
The PERM labor certification process is detail-oriented and time-sensitive. For employers and foreign workers in Cleveland, Ohio, understanding the expected timeline is essential for planning hiring and immigration strategies.
Generally, the full PERM process can take anywhere from 8 to 12 months or longer, depending on government processing times and case complexity. Here’s a breakdown of the key phases:
- Prevailing Wage Determination (PWD): This step usually takes 3 to 5 months, as the U.S. Department of Labor must evaluate the job role and determine the appropriate wage.
- Recruitment Period: Employers must run advertisements and complete mandatory job postings over a 60+ day period, followed by time to review and document results.
- Filing and Adjudication of Form ETA-9089: Once recruitment is complete, the application is submitted to the DOL, which takes 4 to 6 months (or longer) to process. If an audit is triggered, this can extend the timeline significantly.
At Bartell, Georgalas & Juarez, we help businesses in Cleveland, Independence, Columbus, and Oxford, Ohio, prepare early and file accurately to reduce delays and move forward with confidence.
Benefits of PERM Labor Certification
While the PERM labor certification process can be rigorous, it offers long-term rewards for both employers and foreign workers. For companies throughout Cleveland, Ohio, sponsoring an employee through PERM is a smart investment in building a skilled, stable, and diverse workforce. For foreign nationals, it provides a viable path to securing permanent residency in the United States.
Key Benefits of PERM Labor Certification:
- Pathway to a Green Card: PERM is the first required step for most EB-2 and EB-3 employment-based green cards. Once approved, the foreign worker may move forward with the I-140 petition and eventually apply for adjustment of status.
- Long-Term Talent Retention: For Cleveland employers, PERM supports workforce planning and helps retain top-performing international employees long-term.
- Stability and Security: Employees benefit from the stability of knowing they can live and work in the U.S. permanently with a green card.
- Family-Based Benefits: Once a green card is granted, the worker’s spouse and children may also become permanent residents.
- Future Mobility: Workers with approved I-140 petitions and priority dates can sometimes transfer to new employers while retaining their place in the visa queue.
In the Cleveland, Ohio, job market, where specialized talent in healthcare, IT, engineering, and education is in high demand, PERM labor certification can make the difference between filling a role or leaving it vacant. Our Cleveland attorneys help employers and employees leverage this process to build success for the long term.
What Happens After PERM Is Approved?
PERM approval is a major milestone in the green card process, but it’s not the final step. Once the Department of Labor certifies the ETA Form 9089, the employer must move quickly to file the next phase: the immigrant petition.
Step 1: I-140 Immigrant Petition
After PERM approval, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This filing includes evidence of:
- The employer’s financial ability to pay the offered wage
- The foreign worker’s qualifications (degrees, experience, licenses)
USCIS uses this petition to determine whether the employer and job applicant meet all the requirements for the relevant green card category (EB-2 or EB-3). Once approved, a priority date is established or retained, which determines when the employee may move forward with the next step based on visa availability.
Step 2: Adjustment of Status or Consular Processing
Once the priority date becomes current in the Visa Bulletin, the worker may:
- File Form I-485 (Adjustment of Status) if residing lawfully in the U.S.
- Pursue consular processing if outside the country
During this phase, the worker may also apply for employment authorization and advance parole (permission to travel while awaiting green card approval).
Bartell, Georgalas & Juarez helps guide employers and employees in Cleveland, Independence, Columbus, and Oxford, Ohio, through these final steps. Timing and accuracy are crucial; we ensure every document is filed correctly and on time to keep your case moving forward.
Why Choose Our Cleveland PERM Labor Certification Lawyers?
Successfully navigating the PERM labor certification process requires more than filling out forms. It demands deep knowledge of labor law, immigration policy, and federal compliance standards. At Bartell, Georgalas & Juarez, we bring all of that and more to every case we handle.
What Sets Bartell, Georgalas & Juarez Apart:
- Decades of experience managing PERM labor certifications and employment-based green cards
- Local knowledge of Ohio’s labor market, prevailing wage trends, and industry-specific needs
- Close coordination with HR departments and employers to craft lawful, accurate job descriptions and recruitment campaigns
- Offices in Cleveland, Independence, Columbus, and Oxford, Ohio, providing local support with statewide reach
- We treat every client like they are our only client, offering attentive service, prompt communication, and ongoing support
- Our Cleveland-based immigration firm has significant experience in all types of immigration matters for people originally from Asia, South America, Europe, and the rest of the world
Whether you’re an employer in Cleveland, Ohio, looking to fill a critical position or a foreign national hoping to establish permanent roots in the U.S., we offer strategic legal guidance tailored to your specific needs.
Additional Immigration Legal Services
At Bartell, Georgalas & Juarez, our commitment to our clients extends far beyond PERM labor certification. We provide a full spectrum of immigration legal services for individuals, families, and businesses throughout Cleveland, Ohio, and across the state.
Whether you're looking to sponsor a family member, protect your immigration status, or secure long-term residency through employment, our experienced attorneys are here to help. We work with clients from all over the world and provide culturally sensitive, results-driven legal support from our offices in Independence, Columbus, and Oxford, Ohio.
We proudly assist clients with:
From multinational corporations to individual immigrants pursuing the American dream, we tailor our approach to meet the unique needs of every client. If your case involves immigration law, our Cleveland team has the experience and dedication to see it through.
Contact Bartell, Georgalas & Juarez Today for Help With Your PERM Labor Certification
PERM labor certification is one of the most important and technical steps in the employment-based green card process. Employers must comply with strict federal regulations, and even small missteps can cause delays, audits, or denials. Foreign workers must ensure they meet all job qualifications and maintain legal status while the process unfolds.
That’s why having an experienced Cleveland legal team by your side is essential.
At Bartell, Georgalas & Juarez, we guide employers and skilled professionals in Cleveland, Ohio, and throughout the state through every detail of the PERM process. From determining prevailing wages to designing compliant recruitment strategies and filing accurate applications, we offer clear, reliable support every step of the way.
Our offices in Cleveland, Independence, Columbus, and Oxford, Ohio, are here to serve clients across industries and backgrounds. We bring precision, professionalism, and personal care to every case because when your future is on the line, nothing less will do.
