American Immigration Lawyers
Khan Law, PLLC
555 Republic Drive, Floor 2, Suite 214
Plano, TX 75074
Office: (469) 200-6508
WhatsApp: (469) 200-6508
Email: info@khanlegalgroup.com
U.S. immigration law, serving clients
in all 50 states and worldwide.
Quick Links
Free Case Evaluation
Tell us your story. We’ll tell you which of these paths actually fits your life, before you spend a dollar.
The Visa Guide · Employment
PERM Labor
Certification
The green card engine.
Most employer-sponsored green cards run through PERM labor certification: the company proves no qualified U.S. worker is available, then sponsors the employee through EB-2 or EB-3.
Who Qualifies
Permanent, and proven.
Four things make or break a PERM case: the offer, the category, the credentials, and when you met the requirements.
A permanent job offer
A permanent, full-time U.S. job offer.
EB-2: advanced degrees
The role requires an advanced degree (or a bachelor’s + 5 years of progressive experience), or the worker has exceptional ability.
EB-3: professionals and skilled workers
Professionals (bachelor’s), skilled workers (2+ years of training or experience), and other workers.
Requirements met before joining
In most cases, the worker met the job’s stated requirements before joining. Requirement-drafting is where cases are won or lost.
EB-2 vs EB-3
Same engine. Two lanes.
One PERM machine feeds two immigrant categories, decided by what the role requires and what the worker brings.
Advanced Degrees
For roles requiring an advanced degree, or a bachelor’s plus 5 years of progressive experience, or workers of exceptional ability.
Advanced degreeSkilled Workers
For professionals with a bachelor’s, skilled workers with 2+ years of training or experience, and other workers.
Bachelor’s or 2+ yearsThe Process
Five steps. One green card.
The wage
Obtain a Prevailing Wage Determination (Form ETA-9141) from DOL.
The recruitment
Run the mandated recruitment: state workforce job order, advertisements, and additional steps for professional roles, documented meticulously.
The PERM filing
File the PERM application (Form ETA-9089). Audits are common and extend the timeline.
The petition
On certification, file Form I-140 with USCIS. The PERM filing date becomes the priority date.
The green card
When the Visa Bulletin reaches that date (waits vary sharply by country), finish via I-485 adjustment or consular processing, with AC21 portability protecting long-pending workers who change jobs.
Forms & Fees
Know the paperwork.
The Prevailing Wage Determination request, filed with DOL
The PERM labor certification application, filed after recruitment
The USCIS immigrant petition, filed on certification
The adjustment application, filed when the priority date comes current
Audits are common
PERM audits extend the timeline, and a flawed recruitment can sink years of waiting. Document every step meticulously, from the job order to each advertisement.
Live processing times & fees
Government numbers change monthly. These official tools are always current:
Your future.
Our fight.
Every case is different. Tell us your story. The evaluation is free, and we’ll tell you exactly which path fits.
Attorney Advertising: general information, not legal advice. A flawed recruitment can sink years of waiting: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
The employer’s dos and don’ts.
- Pay every certification cost yourself: the ads, the job order, and the legal fees for the PERM stage
- Write job requirements the business genuinely needs and can defend in an audit
- Contact responsive U.S. applicants promptly and record a lawful, job-related reason for each outcome
- Keep the complete recruitment file for five years after filing
- Bill the worker, or accept repayment, for any PERM cost; the regulation forbids it
- Tailor the job description to the sponsored worker’s resume
- Reject U.S. applicants for gaps that normal on-the-job training would cure
- File on stale recruitment; ads have a limited shelf life, plus a mandatory quiet period before filing
Costs
What it costs in 2026.
PERM is unusual: the government charges nothing to file it. Neither the prevailing wage request nor the ETA-9089 carries a fee. The real spend at this stage is the mandated recruitment, which varies with the occupation and the required ads, and by regulation the employer must carry those costs and the PERM legal fees. Government filing fees begin at the I-140 and finish with the green card application itself.
| Item | Amount | Notes |
|---|---|---|
| PERM stage (ETA-9141 + ETA-9089) | $0 in filing fees | The employer pays the recruitment ads and PERM legal costs, and cannot pass them to the worker |
| Immigrant petition (Form I-140) | $715 | $665 online; plus the Asylum Program Fee: $600 standard, $300 for small employers, $0 for nonprofits |
| Premium processing the I-140 (optional) | $2,965 | Rate effective March 1, 2026; speeds the petition, not the PERM or the visa queue |
| Adjustment of status (Form I-485) | $1,440 per person | $950 for a child under 14 filing with a parent |
| Work and travel permits while the I-485 pends (optional) | $260 + $630 | I-765 work permit filed with the I-485, and I-131 advance parole |
| Consular alternative (DS-260) | $345 per person | Employment-based immigrant visa fee, paid abroad instead of filing the I-485 |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Fees apply per person, including children.
FAQ
Questions we hear every week.
Who pays for what?
The employer must pay everything through certification: the ads, the job order, and the PERM legal work. From the I-140 forward, the rules allow the worker to pay, and families often cover the I-485 stage themselves. Sorting this out in writing at the start prevents friction later.
Can I quietly reimburse my employer to get sponsored?
No. The regulation prohibits the employer from seeking or accepting any payment for the PERM process, and a violation can invalidate the certification the whole case sits on. It is not a corner worth cutting.
Does a promotion or a new role restart everything?
A materially different job usually needs a fresh PERM. The good news: once an I-140 is approved, the priority date survives and attaches to later filings, so the years already spent in line are not lost.
Can I change employers late in the process?
After the I-485 has been pending 180 days, portability lets you move to a same-or-similar job without restarting. Before that point, a new employer generally means a new PERM with the old priority date carried forward.
Why would anyone choose EB-3 over EB-2?
Because the Visa Bulletin rows move independently, and some months the EB-3 line is shorter for a given country. Employers sometimes file a second I-140 in the other category using the same PERM, keeping both lanes open.
What triggers a PERM audit?
Some audits are purely random. Others follow patterns: recent layoffs in the occupation, unusually specific requirements, a family relationship between worker and owner. We prepare every file as if the audit letter is already coming.