PERM LABOR CERTIFICATION
PERMLabor Certification
Lawyers
Tukki’s PERM lawyers run the labor certification end to end: the prevailing wage determination, the recruitment file that has to hold up to a DOL audit, and the ETA-9089.
See how our PERM lawyers work with your team.
+95%
lawyer success rate
TUKKI’S PERM LABOR CERTIFICATION ATTORNEY
Meet our PERMimmigration attorneys
Tukki’s immigration team has 15+ years of experience on employer-sponsored cases.
Tukki’s PERM immigration attorneys work alongside your team on the decisions that shape the case: how the minimum requirements are stated, which category the role falls into, and how the recruitment file is documented.
Start with our full PERM labor certification guide, which covers the prevailing wage, recruitment, EB-2 versus EB-3, costs and the full timeline.
WHO QUALIFIES FOR AN EB-2 OR EB-3 GREEN CARD
Is PERM the right route for your hire?
PERM is the labor certification the Department of Labor requires before a company can sponsor an employee for an EB-2 or EB-3 green card. It is not a visa and it grants no status: it tests whether a qualified U.S. worker is available for the role at the prevailing wage.
Which of the two categories a case lands in comes down to what the job requires, not to what the employee has on their resume.
Which roles qualify under EB-2
Roles whose minimum requirement is a master’s degree or higher, or the foreign equivalent
Roles that require a bachelor’s degree plus five years of progressive post-bachelor’s experience, where the duties grew in complexity over time
Senior, managerial and director positions
Computer and information research scientists, statisticians and equivalent research roles
Lawyers, physicians, dentists and other graduate-level medical roles
Any role where the advanced degree is a genuine business requirement, which is the part the DOL tests
Which roles qualify under EB-3
Professionals: roles whose minimum is a bachelor’s degree with no progressive experience required
Accountants, marketing specialists, most engineers and most technology roles
Skilled workers: roles requiring at least two years of education, training or experience without a degree, such as technicians, supervisors and specialized trades
Other workers: roles requiring less than two years, such as production line, warehouse, hospitality, agricultural and clerical positions
Roles where EB-3 is the correct classification even though the employee is overqualified for them
Cases weighing EB-3 against EB-2 on the priority date rather than on the credentials
PERM LABOR CERTIFICATION ELIGIBILITY
PERM requirements
The minimum requirements in the job description set the prevailing wage, the recruitment obligations and the EB-2 or EB-3 category at once, and changing them later means starting the case over. An employee with a master’s degree lands in EB-3 if the role only requires a bachelor’s. Our attorneys review the job description line by line before the wage request goes in.
1 job description
The job description and its minimum requirements
The degree, years of experience, skills and licenses the role genuinely needs. Set too high they can trigger an audit, set too broadly they invite applicants who block the case.
1 wage floor
The prevailing wage determination
The minimum salary for that occupation at that worksite, built from the duties and the required education and experience. The company commits to paying at or above it from the priority date onward.
30 days of recruitment
The recruitment and the audit file
A 30-day State Workforce Agency job order, two Sunday newspaper ads, a Notice of Filing posted at the worksite for 10 business days, and a recruitment report covering every applicant.
PERM VERSUS THE ROUTES THAT SKIP IT
EB-2 vs. EB-3 vs. EB-2 NIW
What is the difference between EB-2 and EB-3 in a PERM case? And which green cards skip the labor certification altogether? Here is how the PERM routes sit against the ones that do not need an employer.
| EB-2 (PERM) | EB-3 (PERM) | EB-2 NIW | EB-2 Exceptional Ability | EB-1C | |
|---|---|---|---|---|---|
| PERM needed | Yes | Yes | No | No | No |
| Who files | The employer | The employer | The individual, as a self-petitioner | The employer | The employer |
| Who it fits | Roles requiring a master’s degree or higher, or a bachelor’s plus five years of progressive experience | Roles requiring a bachelor’s degree, two or more years of training or experience, or less than two years | Individuals whose work meets the three-prong Dhanasar test, with no job offer involved | A job offer in the sciences, arts or business where the individual meets the exceptional ability standard | Multinational managers and executives transferring from a related company abroad |
TESTIMONIALS
Visa approvals filedby our immigration attorneys
Hundreds of professionals got their visa with Tukki’s immigration attorneys.
“I got my O-1 visa approved thanks to the team at Tukki and their lawyers were amazing, a really good process.”
🇮🇳 Akrisht Pandey
Director of Real Estate Krea USA
“Tukki team's support was fast and responsive. I literally had someone responding in a couple of hours—sometimes even within minutes—so whenever I was a bit lost, there was always someone to help me out.”
🇧🇷 Camila Zancanella
Co-founder and CEO of Domu
“I'm glad that I leaned on a team that really can deliver that one-stop service.”
🇬🇧 Lauren Bell
Co-founder and CEO of Cosi Care
“Track record and responsiveness made all the difference. Both the tech and the legal team were top-notch.”
🇪🇸 Lois Rogel Vence
Co-founder and CEO of Momento
“I've worked with a few lawyers, and Tukki has by far been the best experience.”
🇨🇴 Gia Liu
Co-Founder of Fintegral
“The Tukki team's involvement plus the tech platform where you're able to track your own process were key to how smooth it went.”
🇨🇴 Carlos Mejia
Director of Real Estate Development at Delta
“Looking back, I feel that Dobrina's approach made the difference. Taking a more focused approach with stronger evidence made the response much easier to handle and more convincing.”
🇩🇪 Tobias Fischer
Digital Marketing Business Owner
“I didn't really know how to prepare my case, but the Tukki team walked me through the process and answered all my questions.”
🇦🇷 Gonzalo Piñero
PHD Researcher
“I really felt like every single person on the team… everything that I was asking, or everything that they were doing, was like their top priority. And it's so amazing to feel that support for something so important as immigration.”
🇨🇴 Lorenza Velez
Founder & Co-CEO in Ponte
“In a field without structure, Tukki helped me make sense of everything.”
🇮🇳 Archana Raja
Classical Dancer & Choreographer
“Tukki made a fairly unfamiliar process for me as a foreigner more reassuring.”
🇬🇧 Virginia Szepietowski
Co-founder and CEO of Nyad
“Tukki's lawyers and tech guided me all the way through the complex criteria and documentation required, all the way to EB-1A visa approval.”
🇨🇴 Samuel Urquijo
Founder of Keybe
“Overall, the experience was great. I liked very much all the paralegal team; they were super available.”
🇮🇹 Andrea Sguazzi
Head of Venture Builder & Startup Programs
“Tukki's flows make it impossible to upload information with inconsistencies, which I absolutely loved.”
🇦🇷 Guido Tagliavini
Software engineer at Google
“I've been through many immigration processes. Tukki's team was supportive, responsive, and made everything easier.”
🇨🇴 Daniel Baiz
CEO of OneAxiom
“I think everything about the Tukki experience brings a lot of transparency into the problem and into the execution of the process. So that is very, very important. And I would suggest everybody to look for that, because it brings you peace into your everyday.”
🇦🇷 Michelle Shocron
Co-Founder & CEO at Parsed
“Tukki gave us both the structure and the support we needed to make our U.S. move possible.”
🇭🇹 Clifford Nau & Anne-Marie Desormeaux
Co-founder of Kura Technologies | Public Health Specialist
“They explained every step clearly and gave me peace of mind knowing my case was in good hands.”
🇲🇽 Viridiana Aguilar
Founder and CEO of Vivantra
“I had spoken with some lawyers and firms before, and everything felt confusing, like a maze. With Tukki, I could visualize the entire process clearly.”
🇪🇸 Felipe de Sande Palma
Founder of Amrap
“I think this is never going to be an easy process, but you guys make it seem easier.”
🇨🇱 Andres Garbarini
Co-founder and CEO of Finvix
“They were honest from day one. That honesty is what got me approved without an RFE.”
🇮🇳 Shagun Kalra
Architect & Real Estate Developer
“The biggest difference was having everything organized. It turned a long process into something much easier to manage.”
🇪🇸 Pilar Baldominos
Cancer Researcher
“The Tukki team understands each candidate's profile and builds the strategy that works best for them.”
🇮🇳 Tharak Vangalapat
Senior Principal Data Scientist
“I got my O-1 visa approved thanks to the team at Tukki and their lawyers were amazing, a really good process.”
🇮🇳 Akrisht Pandey
Director of Real Estate Krea USA
“Tukki team's support was fast and responsive. I literally had someone responding in a couple of hours—sometimes even within minutes—so whenever I was a bit lost, there was always someone to help me out.”
🇧🇷 Camila Zancanella
Co-founder and CEO of Domu
“I'm glad that I leaned on a team that really can deliver that one-stop service.”
🇬🇧 Lauren Bell
Co-founder and CEO of Cosi Care
“Track record and responsiveness made all the difference. Both the tech and the legal team were top-notch.”
🇪🇸 Lois Rogel Vence
Co-founder and CEO of Momento
“I've worked with a few lawyers, and Tukki has by far been the best experience.”
🇨🇴 Gia Liu
Co-Founder of Fintegral
“The Tukki team's involvement plus the tech platform where you're able to track your own process were key to how smooth it went.”
🇨🇴 Carlos Mejia
Director of Real Estate Development at Delta
“Looking back, I feel that Dobrina's approach made the difference. Taking a more focused approach with stronger evidence made the response much easier to handle and more convincing.”
🇩🇪 Tobias Fischer
Digital Marketing Business Owner
“I didn't really know how to prepare my case, but the Tukki team walked me through the process and answered all my questions.”
🇦🇷 Gonzalo Piñero
PHD Researcher
“I really felt like every single person on the team… everything that I was asking, or everything that they were doing, was like their top priority. And it's so amazing to feel that support for something so important as immigration.”
🇨🇴 Lorenza Velez
Founder & Co-CEO in Ponte
“In a field without structure, Tukki helped me make sense of everything.”
🇮🇳 Archana Raja
Classical Dancer & Choreographer
“Tukki made a fairly unfamiliar process for me as a foreigner more reassuring.”
🇬🇧 Virginia Szepietowski
Co-founder and CEO of Nyad
“Tukki's lawyers and tech guided me all the way through the complex criteria and documentation required, all the way to EB-1A visa approval.”
🇨🇴 Samuel Urquijo
Founder of Keybe
“Overall, the experience was great. I liked very much all the paralegal team; they were super available.”
🇮🇹 Andrea Sguazzi
Head of Venture Builder & Startup Programs
“Tukki's flows make it impossible to upload information with inconsistencies, which I absolutely loved.”
🇦🇷 Guido Tagliavini
Software engineer at Google
“I've been through many immigration processes. Tukki's team was supportive, responsive, and made everything easier.”
🇨🇴 Daniel Baiz
CEO of OneAxiom
“I think everything about the Tukki experience brings a lot of transparency into the problem and into the execution of the process. So that is very, very important. And I would suggest everybody to look for that, because it brings you peace into your everyday.”
🇦🇷 Michelle Shocron
Co-Founder & CEO at Parsed
“Tukki gave us both the structure and the support we needed to make our U.S. move possible.”
🇭🇹 Clifford Nau & Anne-Marie Desormeaux
Co-founder of Kura Technologies | Public Health Specialist
“They explained every step clearly and gave me peace of mind knowing my case was in good hands.”
🇲🇽 Viridiana Aguilar
Founder and CEO of Vivantra
“I had spoken with some lawyers and firms before, and everything felt confusing, like a maze. With Tukki, I could visualize the entire process clearly.”
🇪🇸 Felipe de Sande Palma
Founder of Amrap
“I think this is never going to be an easy process, but you guys make it seem easier.”
🇨🇱 Andres Garbarini
Co-founder and CEO of Finvix
“They were honest from day one. That honesty is what got me approved without an RFE.”
🇮🇳 Shagun Kalra
Architect & Real Estate Developer
“The biggest difference was having everything organized. It turned a long process into something much easier to manage.”
🇪🇸 Pilar Baldominos
Cancer Researcher
“The Tukki team understands each candidate's profile and builds the strategy that works best for them.”
🇮🇳 Tharak Vangalapat
Senior Principal Data Scientist
“I got my O-1 visa approved thanks to the team at Tukki and their lawyers were amazing, a really good process.”
🇮🇳 Akrisht Pandey
Director of Real Estate Krea USA
“Tukki team's support was fast and responsive. I literally had someone responding in a couple of hours—sometimes even within minutes—so whenever I was a bit lost, there was always someone to help me out.”
🇧🇷 Camila Zancanella
Co-founder and CEO of Domu
“I'm glad that I leaned on a team that really can deliver that one-stop service.”
🇬🇧 Lauren Bell
Co-founder and CEO of Cosi Care
“Track record and responsiveness made all the difference. Both the tech and the legal team were top-notch.”
🇪🇸 Lois Rogel Vence
Co-founder and CEO of Momento
“I've worked with a few lawyers, and Tukki has by far been the best experience.”
🇨🇴 Gia Liu
Co-Founder of Fintegral
“The Tukki team's involvement plus the tech platform where you're able to track your own process were key to how smooth it went.”
🇨🇴 Carlos Mejia
Director of Real Estate Development at Delta
“Looking back, I feel that Dobrina's approach made the difference. Taking a more focused approach with stronger evidence made the response much easier to handle and more convincing.”
🇩🇪 Tobias Fischer
Digital Marketing Business Owner
“I didn't really know how to prepare my case, but the Tukki team walked me through the process and answered all my questions.”
🇦🇷 Gonzalo Piñero
PHD Researcher
“I really felt like every single person on the team… everything that I was asking, or everything that they were doing, was like their top priority. And it's so amazing to feel that support for something so important as immigration.”
🇨🇴 Lorenza Velez
Founder & Co-CEO in Ponte
“In a field without structure, Tukki helped me make sense of everything.”
🇮🇳 Archana Raja
Classical Dancer & Choreographer
“Tukki made a fairly unfamiliar process for me as a foreigner more reassuring.”
🇬🇧 Virginia Szepietowski
Co-founder and CEO of Nyad
“Tukki's lawyers and tech guided me all the way through the complex criteria and documentation required, all the way to EB-1A visa approval.”
🇨🇴 Samuel Urquijo
Founder of Keybe
“Overall, the experience was great. I liked very much all the paralegal team; they were super available.”
🇮🇹 Andrea Sguazzi
Head of Venture Builder & Startup Programs
“Tukki's flows make it impossible to upload information with inconsistencies, which I absolutely loved.”
🇦🇷 Guido Tagliavini
Software engineer at Google
“I've been through many immigration processes. Tukki's team was supportive, responsive, and made everything easier.”
🇨🇴 Daniel Baiz
CEO of OneAxiom
“I think everything about the Tukki experience brings a lot of transparency into the problem and into the execution of the process. So that is very, very important. And I would suggest everybody to look for that, because it brings you peace into your everyday.”
🇦🇷 Michelle Shocron
Co-Founder & CEO at Parsed
“Tukki gave us both the structure and the support we needed to make our U.S. move possible.”
🇭🇹 Clifford Nau & Anne-Marie Desormeaux
Co-founder of Kura Technologies | Public Health Specialist
“They explained every step clearly and gave me peace of mind knowing my case was in good hands.”
🇲🇽 Viridiana Aguilar
Founder and CEO of Vivantra
“I had spoken with some lawyers and firms before, and everything felt confusing, like a maze. With Tukki, I could visualize the entire process clearly.”
🇪🇸 Felipe de Sande Palma
Founder of Amrap
“I think this is never going to be an easy process, but you guys make it seem easier.”
🇨🇱 Andres Garbarini
Co-founder and CEO of Finvix
“They were honest from day one. That honesty is what got me approved without an RFE.”
🇮🇳 Shagun Kalra
Architect & Real Estate Developer
“The biggest difference was having everything organized. It turned a long process into something much easier to manage.”
🇪🇸 Pilar Baldominos
Cancer Researcher
“The Tukki team understands each candidate's profile and builds the strategy that works best for them.”
🇮🇳 Tharak Vangalapat
Senior Principal Data Scientist
TUKKI’S VISA ATTORNEYS
Why Tukki’s PERMlawyers are different
| TUKKI | Traditional law firms | |
|---|---|---|
| Quality control | Tech-enabled with quality checks | Manual and informal |
| Speed | Fast turnaround | Delayed review process |
| Visibility | Transparent by design | No real-time updates |
| Communication | In-app chat with a touchpoint at each case stage | Mostly delayed emails |
| Interface | All-in-one platform | Scattered tools and emails |
| Guidance | Step-by-step with in-app help | Generic checklist |
| When work starts | After 1 document is uploaded | After everything is uploaded |
| Attorney involvement | More attorney time on the legal argument | Attorney time absorbed by paperwork |
PERM PROCESS
How do our PERM lawyers work?
STEP 01 OF 06
Before you commit
You can start with our free PERM labor certification guide, so you arrive at the first call knowing what the process asks of your team.
STEP 01 OF 06
Before you commit
You can start with our free PERM labor certification guide, so you arrive at the first call knowing what the process asks of your team.
STEP 02 OF 06
Free assessment
A licensed immigration attorney reviews the role, the worksite and the employee’s credentials, and tells you whether the case lands in EB-2 or EB-3 before you spend anything.
STEP 03 OF 06
Kick off
You sign, your team gets platform access, and your attorney settles the minimum requirements and the recruitment plan with you.
STEP 04 OF 06
Prevailing wage
We prepare and file the prevailing wage request. The DOL takes around six months to issue the determination, and nothing speeds that stage up.
STEP 05 OF 06
Recruitment
You run the mandatory recruitment on a calendar we build: about 30 days of advertising plus the 30-day quiet period. We evaluate every applicant, write the recruitment report and assemble the audit file.
STEP 06 OF 06
Filing
We file the ETA-9089, which the DOL currently takes 14 to 16 months to process, and respond if an audit comes back. Once the PERM is certified we move straight to the I-140.
VISA PRICING
PERM attorney fees
Our PERM work is scoped and quoted per case before you sign, so you know what the legal side costs before the prevailing wage request goes in.
WHAT OUR PERM SERVICES COVER:
- The job description and minimum requirements reviewed against both EB-2 and EB-3
- The prevailing wage request prepared and filed with the DOL
- The recruitment plan, the advertising, the Notice of Filing and every applicant evaluation
- The audit file kept ready, and the DOL audit response if one comes
- ETA-9089 filing, then the I-140 once the PERM is certified
FAQS
Need more clarity?
Find quick answers from our PERM lawyers to common PERM labor certification questions.
Can I change jobs during the H-1B to green card process?
Yes, but the answer depends on which stage you're in. Before PERM is filed, you can change employers freely; the new employer just has to start a new PERM. After PERM is filed but before I-140 is approved, changing employers usually means starting PERM over.
After I-140 is approved and 180 days have passed since I-485 was filed, you can change to a new employer in the same or similar occupation under I-140 portability while keeping your priority date and pending I-485. Our H-1B visa transfer guide walks through the transfer mechanics.
Does a PERM audit mean my case is denied?
No. A PERM audit is a request for documentation from the Department of Labor, not a denial. The employer submits the recruitment file it was already required to keep, and the case continues toward certification once the response is reviewed.
What happens to green card sponsorship if the employee changes jobs?
Once the I-140 has been approved and the adjustment of status application has been pending for at least 180 days, the employee may be able to move to a similar role and keep their priority date under job-portability rules. Before that point, changing jobs generally means the new employer starts the sponsorship over.
The specifics depend on timing and the new position, so the employee should get individual attorney advice on their own case.
What is the fastest U.S. work visa to get?
For eligible candidates, the visas without a lottery or labor certification tend to move fastest. The O-1 and L-1A have no annual cap, so a qualified case can be filed at any time, and the TN can sometimes be obtained at the border for Canadian citizens within days.
Speed also depends on whether premium processing is used, which guarantees USCIS action within 15 business days for an added fee, so the right answer depends on the candidate's profile and how urgently you need them.
Can I extend my H-1B while PERM is pending?
Yes. If PERM is filed at least 365 days before your 6-year H-1B mark, AC21 §106(a) allows 1-year extensions until the case resolves.
Once your I-140 is approved, §104(c) allows 3-year extensions if your priority date is not current.
Can I still work while my PERM is audited?
Yes, in most cases. Your work authorization comes from your current nonimmigrant status, such as an H-1B, and not from the PERM labor certification. An audit on the PERM doesn't change your ability to keep working under that status.
Though you should confirm your specific situation with an immigration attorney.
FREE CALL
Talk to a PERM immigration attorney
Schedule a free call:
- 25-minute consultation with an experienced PERM immigration lawyer
- A read on your role and what its minimum requirements should say
- A realistic timeline for the DOL stages and what your team has to do at each one
- Walk away with an action plan: whether you proceed with us, adjust the job requirements first, or look at a route that skips PERM