PERM Labor Certification in New Orleans

Employer-Sponsored Green Cards for Louisiana Businesses & Foreign National Employees

Most employment-based green cards begin with a single federal requirement: PERM labor certification from the Department of Labor. At Wheatley Immigration Law, LLC, we guide both the sponsoring employer and the foreign national employee through every stage of that process, from the initial prevailing wage determination through Form I-140 filing with USCIS. Our offices in New Orleans and Baton Rouge serve Louisiana employers, and our practice focuses exclusively on immigration law, so nothing divides our attention from your case.

We handle permanent residence cases under the EB-2 Classification (workers with advanced degrees or exceptional ability) and EB-3 (professionals, skilled workers, and other workers). If your situation falls within either category, we can assess whether PERM is required and map a realistic path forward.

Ready to start a PERM case or find out whether your position qualifies? Call Wheatley Immigration Law, LLC at (504) 784-6803 to schedule a consultation.

What PERM Labor Certification Does

A PERM labor certification is DOL’s verification that no qualified, willing U.S. worker is available for the offered position and that hiring the foreign national won’t undercut wages or working conditions in the same occupation. DOL’s Employment and Training Administration issues the certification, and in most EB-2 and EB-3 cases, it must be obtained before the employer can file an immigration petition with USCIS.

Two paths exist that skip the PERM stage entirely. Registered nurses and physical therapists fall under Schedule A occupations, a DOL designation for roles with demonstrated nationwide shortages, and can proceed to the petition stage directly with a qualifying job offer and proper licensure. Separately, an EB-2 National Interest Waiver allows certain individuals to self-petition without employer sponsorship or labor certification if they can demonstrate their work broadly benefits the United States. One cost rule applies to every standard PERM case: DOL regulations prohibit the foreign national employee from paying any fees or costs associated with the application. Those expenses are the employer’s responsibility.

Why New Orleans Employers & Employees Work with Us

Attorney Dayna Wheatley has spent over 20 years navigating U.S. immigration law, and our approach is built on personalized advocacy rather than high-volume processing. Each PERM case involves two parties with distinct interests and distinct deadlines. We keep both the employer and the sponsored employee informed at every stage, so neither side is left guessing where the case stands.

We’re reachable around the clock, which matters when a recruitment deadline is approaching or an audit notice arrives unexpectedly. Our team provides service in Spanish, Arabic, Hindi, and Punjabi, making us accessible to the diverse workforce New Orleans employers recruit from around the world.

Phase One: Prevailing Wage & Mandatory Recruitment

Before filing anything with DOL, the employer must request a prevailing wage determination, the federally set minimum wage for the offered position in the specific location. That figure becomes the floor for the job offer and appears on the application. Once the prevailing wage is established, the employer must conduct a defined recruitment campaign to document that no qualified U.S. workers applied.

The mandatory recruitment steps for professional occupations include:

• State workforce agency job order: For New Orleans-area employers, this order is placed with the Louisiana Workforce Commission, headquartered in Baton Rouge.
• Two print advertisements: Typically run in Sunday newspaper editions serving the area of intended employment.
• Additional steps: DOL requires at least three additional recruitment methods for professional positions, such as job fairs, campus recruiting, or listings with professional organizations.

Recruitment must begin at least 30 days before filing and no more than 180 days before. Timing these steps precisely is one area where procedural errors most often occur. We manage the calendar so the employer stays on track.

Phase Two: Filing Form ETA-9089 & What Comes After Certification

Form ETA-9089, the Application for Permanent Employment Certification, is filed electronically through DOL’s Foreign Labor Application Gateway system, which requires a Login.gov account. The application consolidates the job requirements, recruitment results, and the foreign national’s qualifications into a single submission that DOL analysts review.

Processing Times & Audits

There is no premium processing option at the PERM stage. As of mid-2026, standard non-audited applications were averaging approximately 372 days to reach a decision, though DOL’s queue times shift monthly. Roughly 25% of cases are selected for audit, which can add six months to a year or more to that timeline. We help employers build a recruitment record intended to withstand scrutiny and represent clients through the audit response process if one is triggered. Employers should retain all PERM and recruitment documentation for five years from the filing date.

After Certification: Filing Form I-140

Once DOL certifies the application, the employer generally has 180 days to file Form I-140 with USCIS. That petition, which can use premium processing for faster adjudication, formally establishes the foreign national’s place in the employment-based visa queue and moves the case toward adjustment of status or consular processing.

Start Your PERM Case with Wheatley Immigration Law, LLC

PERM labor certification involves federal recruitment rules, DOL filing requirements, and post-certification deadlines that interact in ways a single missed step can derail. We handle that coordination so employers can focus on their business, and employees can focus on building their future here. Payment plans are available, and we’re glad to talk through the specifics of your situation before you commit to anything.

Call Wheatley Immigration Law, LLC at (504) 784-6803 to discuss your PERM case with our team.