PERM Labor Certification Documentation — Prevailing Wage, Recruitment and Audit Files
Prevailing wage through audit-ready case file — full support
PERM is a test of the U.S. labor market, run to a statutory calendar that grants no extensions. Every recruitment step must fall at least 30 and no more than 180 days before filing, with a 30-day quiet period after the last step. One step outside the window invalidates the whole campaign. It is a documentation problem, and documentation is what we do — we have run the Australian equivalent for a decade.
What It Covers
- Prevailing Wage Determination — SOC and O*NET selection from the actual duties, wage level assessed across the five factors, ETA-9141 filed through FLAG, validity diarised. $425
- PERM Recruitment Package — Compliant ad copy, qualifying newspaper identification, SWA account registration and 30-day job order, two Sunday advertisements, Notice of Filing prepared, three additional professional steps, full evidence capture. $900
- Full PERM Support — Everything above plus the calendar, the recruitment report compiled for employer signature, and the ETA-9089 data package handed to counsel. $2,500
- Audit Documentation Support — Tearsheets with publishers’ affidavits, SWA printouts, timestamped screenshots, dated Notice photographs, business necessity letters and the narrative tying each item to the step it satisfies. $900
- Employer & Alternate Wage Survey Analysis — Where the OEWS wage is unworkable — a survey tested against the criteria, or a compliant survey conducted, with the methodology documented. $550
- Business Necessity Letters — Written justification for special requirements — foreign language, unusual duty combinations, degree levels above the industry norm. $650
How It Works
- Agent designation — The employer designates us in writing. Under 20 CFR 656.10(b)(1) an employer may have an agent represent them throughout the labor certification process.
- Prevailing wage — We select the occupational code from the duties as actually performed, assess the wage level, and file the ETA-9141 through FLAG requesting maximum validity.
- Recruitment — SWA job order for 30 days, two advertisements on two different Sundays in a qualifying newspaper, Notice of Filing posted by the employer for 10 consecutive business days, plus three additional steps for professional positions.
- Evidence capture — Tearsheets, publishers’ affidavits, timestamped screenshots and dated photographs collected as they occur — not reconstructed a year later when the audit letter arrives.
- Case file — Recruitment report compiled for the employer’s signature, evidence indexed against every regulatory step, ETA-9089 data package delivered to counsel for filing.
Why Zeolla
- Labor market testing is our original discipline — We have produced labor market testing reports for a decade under Australia’s equivalent regime. Advertise, document, assemble a defensible evidence file, defend it if challenged — the regulator differs, the craft is identical.
- Evidence captured live, not rebuilt later — Analyst review is running around ten months and audited cases far longer. Proof gathered on the day it happens is worth more than proof chased eighteen months afterwards.
- Your boundaries stay intact — Hiring decisions and applicant review remain with the employer’s own hiring representative, as the regulation requires. Résumés go to the employer. Legal strategy stays with counsel.
- The audit file is the product — Roughly a quarter to a third of filings draw an audit or Request for Information, answerable in 30 days with no extension. A file assembled properly the first time is the difference.
Common Questions
- Can a non-attorney really run PERM?
- For the documentation and administrative execution, yes. 20 CFR 656.10(b)(1) expressly permits an employer to have an agent or attorney represent them throughout the process. The employer signs a statement accepting responsibility for the accuracy of the agent’s representations, and legal strategy stays with counsel.
- Who reviews the U.S. applicants?
- The employer’s own representative who normally interviews for comparable roles. Under 656.10(b)(2) the alien’s agent or attorney may not interview or consider U.S. workers, and advertisements must direct applicants to the employer. Applicant flow never routes through us.
- What happens if a deadline slips?
- The campaign restarts from scratch and the wage determination may expire. The Department of Labor grants no extensions and no exceptions. That is exactly why the calendar is tracked daily rather than diarised and forgotten.
- How long does PERM take end to end?
- Currently around 16 to 24 months from prevailing wage request to certification, and considerably longer if audited. Check the Department of Labor’s own processing times page for the live position.
- Can the beneficiary pay for PERM?
- No. Under 20 CFR 656.12 labor certifications are not articles of commerce and an employer may not seek payment from the worker for any activity related to obtaining one. Our invoice goes to the employer or the law firm.
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