An employer that intends to retain a valued international employee should evaluate permanent residence sponsorship early. Waiting until a status deadline approaches can leave fewer options and less time to resolve problems with the permanent position or the employee's qualifications.

A company's minimum-tenure policy is a business decision, not a general PERM eligibility requirement. Immigration planning should also consider whether the role is sufficiently defined and whether the employer can support a bona fide permanent job opportunity.

Confirm the Permanent Position Before Recruitment

PERM labor certification is generally the labor certification stage for conventional employer-sponsored EB-2 and EB-3 cases. It requires attention to the job's actual minimum requirements, prevailing wage, recruitment, and the employer's review of U.S. applicants. Certification is followed by separate immigration steps; it is not a green card approval.

HR should confirm the proposed duties, minimum education and experience, salary, worksite, remote arrangements, and anticipated changes. The employee's resume alone does not establish the requirements the employer should use. Experience gained with the sponsoring employer warrants particular review before the case is structured.

Account for Future Changes

A promotion, relocation, or change in duties may affect the job opportunity being sponsored. Discuss foreseeable changes before beginning recruitment. A planned remote position should be evaluated from the outset, rather than treated as a detail to address after filing.

Timing should also be coordinated with the employee's immigration history and available nonimmigrant status. Government processing times and visa availability change; a useful plan identifies the stages and dependencies rather than promising a completion date.

What the Employer Should Provide

Provide the proposed permanent job description, minimum requirements, worksite and remote-work expectations, compensation, an HR contact, and information about expected role changes. The employee should supply education and experience records and current immigration documents. If counsel already handled the H-1B case, confirm what has changed instead of rebuilding the background unnecessarily.

The employer must bear its PERM recruitment expenses and legal costs associated with obtaining labor certification and may not shift those costs to the sponsored worker. A worker may pay for separate representation of the worker; where the same attorney represents both parties in the PERM matter, the employer must bear the labor certification legal costs. Cost allocation for later immigration stages should be evaluated separately.

Fariba Faiz Law Offices PC advises employers on PERM labor certification and related EB-2 and EB-3 sponsorship. Employers considering sponsorship may request a complimentary introductory consultation link to discuss the proposed role and next steps.

Official Resources

DOL permanent labor certification program · DOL guidance on PERM costs

General information only, not legal advice. Sponsorship decisions require review of the employer, position, employee, and current requirements. Reviewed October 13, 2026.