PERM Labor Certification Lawyer: What They Do and How to Choose One

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

If you are an employer about to sponsor a green card, or the worker whose future depends on one, PERM is usually the first real hurdle. It is also where small mistakes are hardest to fix. Here is what a PERM labor certification lawyer actually does, who they work for, and how to tell a careful one from the rest.

PERM is the Department of Labor (DOL) labor certification that most EB-2 and EB-3 employer-sponsored green cards need before the I-140 petition. DOL’s PERM program page describes the core test. DOL must certify that there are not sufficient US workers able, willing, qualified, and available for the job. It must also find that hiring the foreign worker will not hurt the wages and working conditions of similarly employed US workers.

What does a PERM lawyer do, stage by stage?

PERM is a labor market test with paperwork attached, not a form you fill out once. Here is the work at each stage:

The rules behind this table are in 20 CFR 656.17. Two details show why experience matters. First, the mandatory recruitment steps must happen at least 30 days, but no more than 180 days, before filing. Second, a US worker who could acquire the needed skills during a reasonable period of on-the-job training counts as qualified, and rejecting that person is not a lawful job-related reason.

The lawyer also keeps the file. Under 20 CFR 656.10(f), the employer must retain the application and all supporting documents for five years from filing.

Who does the PERM lawyer work for?

Usually the employer. PERM is the employer’s application, and under 20 CFR 656.10(b):

• the employer signs a statement that the attorney represents it and that it takes full responsibility for the accuracy of what the attorney submits;
• DOL sends notices to the employer’s authorized attorney; and
• the worker and the worker’s own attorney may not interview or consider the US applicants, unless that attorney is acting as the employer’s normal representative for hiring.

This split surprises many workers, and that is understandable. A good firm explains at the start who it represents and how it will keep you informed.

Who pays for the PERM lawyer?

The employer, in almost every case. Under 20 CFR 656.12(b), an employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including its attorneys’ fees. "Payment" includes wage deductions, kickbacks, in-kind payments, and free labor.

The same rule lets the worker pay for a separate attorney who represents only the worker. If the same attorney represents both, the employer bears the cost. And under 656.12(a), labor certifications cannot be sold, bartered, or purchased.

If anyone asks you, as the worker, to pay the employer’s PERM legal fees or to accept a pay cut to cover them, treat it as a serious warning sign.

Do you need a PERM lawyer?

The law does not require one. But PERM is unforgiving. A missed window, an ad that does not match the application, or a weak audit response can mean refiling and losing months. DOL’s processing times page showed analysts reviewing applications filed in January 2026 as of 10/05/2026, so a single error can cost close to a year.

The rule also screens who can represent you: under 20 CFR 656.10(b)(3), no one suspended or disbarred from practice before a court, DHS, or the immigration courts may act as a representative in PERM.

Why careful PERM work matters more in 2026

Enforcement around PERM has sharpened this year:

• On May 12, 2026, DOL announced enforcement actions with the Department of Justice against Cloudera, and said it had suspended processing of all PERM applications filed by or for Cloudera for 180 days.
• On October 8, 2026, the administration announced that DOL would not accept new PERM applications from, or process pending ones for, Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL, and Capgemini, citing alleged fraud and federal investigations. As of reporting through October 21, 2026, no end date, reinstatement process, or lawsuit had been reported. Read our analysis of the PERM suspension.

DOL’s rules allow this. Under 20 CFR 656.31(b), DOL may suspend processing of applications involving an employer, attorney, or agent under investigation for possible PERM fraud or willful misrepresentation. The first suspension can last up to 180 days, and it can be extended.

Layoffs deserve special attention. Under 20 CFR 656.17(k), an employer that had layoffs in the occupation, or a related one, in the area within six months before filing must notify and consider those laid-off US workers. It must also document the results. An October 2026 Morgan Lewis client alert highlighted federal scrutiny of employers that sponsor foreign workers while conducting layoffs.

For employers, this is a reason to treat PERM as a compliance program, not a filing. For workers at the eight named companies, it is a reason to get individual advice before changing jobs or withdrawing anything.

How should you choose a PERM lawyer?

Ask questions that reveal process, not just price:

1. How do you set the job requirements, and how do you check them against what the worker had when hired?
2. Who tracks the wage validity period and the 30-to-180-day recruitment windows?
3. How do you document the review of US applicants?
4. What does your audit file look like before we file?
5. Will you share the prevailing wage and PERM case numbers with the employee? (You can check status yourself with DOL’s public case status search.)
6. Have you reviewed whether we had layoffs in the last six months?
7. Will you tell us if the worker might qualify for a path that skips PERM?

Be cautious of anyone who guarantees certification. DOL decides each case, and no lawyer can promise the result.

Does location matter for a PERM lawyer?

Not in the way people expect. Searches like "PERM labor certification lawyer NYC" or "Boston" are common, but PERM is federal and filed online through DOL’s Foreign Labor Application Gateway (FLAG) from anywhere. What is local is the job itself: the prevailing wage and the recruitment are tied to the area of intended employment. A firm that understands your local labor market and job is helpful; a firm that happens to be down the street is not, by itself, an advantage.

When can PERM be skipped?

A good PERM lawyer will tell you if you might not need PERM at all:

• EB-1A, EB-1B, and EB-1C do not require labor certification under 8 CFR 204.5.
• The EB-2 National Interest Waiver waives the job offer and labor certification. See our EB-2 NIW requirements.
• Schedule A occupations, such as professional nurses and physical therapists, are pre-certified by DOL and filed with USCIS.

For high achievers, especially at one of the suspended companies, a self-petition green card may be worth evaluating alongside PERM.

How Ellis Porter handles PERM

Ellis Porter’s employer practice guides companies through green card strategy, PERM labor certification, and immigrant petitions in the EB-1, EB-2, and EB-3 categories. Employers work with a dedicated attorney as a single point of contact. They get clear status on every case to share with HR and leadership, plus early flags on priority dates, expirations, and next steps. We also tell you when a category that skips PERM may serve the employee better.

Sponsoring a key hire? Or are you the worker whose green card depends on a clean PERM? Either way, a licensed Ellis Porter attorney can give you an honest assessment of the right route. Learn more about our employment-based immigration practice, or our EB-1A practice if you want to explore a path without PERM.

This article is general information, not legal advice, and does not create an attorney-client relationship. The right path and timeline depend on the specific facts of your case. Consult a licensed immigration attorney.

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