1. PERM Labor Certification Attorney New York | Case Background and Employer Sponsorship Framework
The employer was a Manhattan based data analytics consultancy employing over fifty professionals and operating under New York State labor and wage regulations.
The foreign national employee had been working lawfully in the United States under H-1B status and occupied a specialized senior analyst role critical to long term business operations.
A PERM labor certification attorney New York was retained to evaluate sponsorship feasibility under federal and state law before initiating the labor certification process.
Business Necessity and Position Definition
The attorney conducted a position analysis to ensure that job duties complied with 20 C.F.R. §656.17(h) governing minimum job requirements and business necessity.
Care was taken to distinguish the role from entry level analyst positions commonly available in the New York labor market.
The job description was structured to reflect legitimate operational needs without inflating requirements in a manner prohibited by Department of Labor regulations.
2. PERM Labor Certification Attorney New York | Prevailing Wage Determination Under Federal and New York Standards
Before recruitment began, a prevailing wage determination was requested in accordance with 20 C.F.R. §656.40.
Because the worksite was located in Manhattan, wage levels were evaluated in light of New York’s regional wage data and cost of labor considerations.
The PERM labor certification attorney ensured alignment between federal wage rules and New York employment practices.
Wage Compliance and Employer Obligations
The prevailing wage issued exceeded New York State minimum wage thresholds under New York Labor Law Article 19, eliminating any risk of wage noncompliance.
The employer confirmed its financial ability to pay the offered wage from the priority date forward, consistent with 8 C.F.R. §204.5(g)(2).
This proactive verification reduced risk at later immigration stages and ensured consistency across employment and immigration filings.
3. PERM Labor Certification Attorney New York | Recruitment Process and Labor Market Testing
The recruitment campaign was conducted strictly under 20 C.F.R. §656.17(e), requiring good faith testing of the U.S. labor market.
Recruitment steps were tailored to New York hiring norms while preserving full regulatory compliance.
All advertisements were reviewed and approved by the PERM labor certification attorney prior to publication.
Good Faith Recruitment and Applicant Review
The employer placed advertisements in a major New York newspaper of general circulation and posted the position with the New York State Department of Labor job bank.
Additional professional recruitment steps were selected based on industry standards within New York’s technology sector.
Each U.S. applicant was evaluated using lawful, job related criteria, and detailed recruitment reports were prepared to document rejection reasons consistent with 20 C.F.R. §656.17(g).
4. PERM Labor Certification Attorney New York | PERM Filing, Approval, and Post Certification Strategy
After completion of recruitment, ETA Form 9089 was filed electronically with the Department of Labor.
The case was certified without audit, reflecting the strength of documentation and compliance.
The PERM labor certification attorney coordinated next steps toward immigrant petition filing.
Transition to Immigrant Petition and Long Term Compliance
Following certification, the employer prepared to file Form I-140 under the EB-2 category pursuant to 8 U.S.C. §1153(b)(2).
Ongoing compliance with New York employment law and federal immigration regulations was reviewed to avoid post certification risk.
The approved PERM certification provided a stable foundation for the employee’s permanent residence process.
05 Jan, 2026
