PERM Labor Certification Pitfalls That Delay EB-2 and EB-3 Approvals
- Shan Potts
- Sep 16
- 2 min read
For many employers and foreign professionals, PERM Labor Certification is the first and most critical step toward EB-2 and EB-3 green card approval. Unfortunately, even minor mistakes can cause months—sometimes years—of delays. Understanding the PERM Labor Certification pitfalls that delay EB-2 and EB-3 approvals allows employers and applicants to take proactive steps to avoid setbacks.
Prevailing Wage Determination Errors
One of the most frequent pitfalls that delay EB-2 and EB-3 approvals is an incorrect prevailing wage request. Employers may:
Select the wrong job code or occupational classification.
Misstate job duties or minimum requirements.
Fail to consider geographic wage variations.
These errors often lead to wage determinations that don’t match the offered position, triggering audits or denials.
Fix it early: Carefully align the job description with Department of Labor (DoL) wage data and confirm the wage level matches the role’s complexity.
Job Description Inconsistencies
Another common mistake that delays EB-2 and EB-3 approvals is inconsistent or unclear job descriptions. Problems include:
Listing requirements in the prevailing wage request that don’t appear in recruitment ads.
Using vague language that confuses DOL about minimum qualifications.
Inflating requirements beyond what the employer truly needs.
Fix it early: Draft the job description once, then use it consistently across the prevailing wage request, recruitment postings, and Form ETA 9089. This eliminates discrepancies that invite scrutiny.
Audit Red Flags
DoL regularly audits applications that raise suspicion. Frequent triggers include:
Job requirements that appear tailored to a specific candidate.
Unusual combinations of education and experience.
Inadequate recruitment documentation.
These audits are a major cause of these delays because they can stall cases for months.
Fix it early: Ensure all recruitment steps are documented, retain evidence of genuine hiring efforts, and confirm that requirements are business-necessary rather than candidate-specific.
Proactive Strategies to Avoid Pitfalls That Delay EB-2 and EB-3 Approvals
To overcome delays in EB-2 and EB-3 approvals:
Work closely with immigration counsel when drafting job descriptions.
Double-check prevailing wage requests for accuracy before filing.
Maintain a compliance file with all recruitment evidence.
Anticipate potential audit questions and prepare responses in advance.
Conclusion
Delays in the PERM process can derail an entire EB-2 or EB-3 case. By addressing prevailing wage determination errors, avoiding job description inconsistencies, and preparing for audit scrutiny, employers and applicants can minimize risk. The best way to avoid PERM Labor Certification pitfalls that delay EB-2 and EB-3 approvals is to prepare thoroughly before submission.
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