Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)

Introduction

During the PERM Labor Certification (Permanent Labor Certification) application process, many employers and applicants worry about whether the size of the company will affect the success rate of the application. Small businesses, startups, and even companies with only one employee often mistakenly believe that they must have a large number of employees or a large-scale operation to successfully apply for PERM. However, this is not the case.

The core requirements of a PERM application are whether the employer provides a good-faith job offer and has the financial ability to pay the offered wage. As long as these two basic conditions are met, even if the employer is very small or has no employees on payroll, they can still successfully obtain PERM Labor Certification approval. This article will illustrate this point with two case studies and clarify common misconceptions.

Case Studies: Small Businesses Successfully Applying for PERM Labor Certification

Case 1: A Computer Consulting Firm with Only One Employer and No Other Employees

A computer consulting firm undertook software development projects for large enterprises. The company was extremely small, and its sole owner was not even on the company’s payroll. However, due to the need for long-term professional developers, the employer decided to hire a software engineer and apply for a PERM Labor Certification for this position.

Despite the company's small size, the employer had the following key elements that led to a successful PERM application:

- Good-Faith Job Offer – The software engineering position was genuinely based on business needs rather than just for immigration purposes.

- Ability to Pay – The company demonstrated its ability to pay the employee's wage through tax records.

- Legitimate and Compliant Recruitment Process – Under the advice of the attorney, the company completed all required recruitment steps and demonstrated there is no qualified US worker for the posted position.

The company's PERM Labor Certification was successfully approved without incident, and the I-140 and I-485 (green card) were also granted without issues.

Case 2: A Non-Profit Organization with No Employees

A non-profit think tank aimed to conduct international policy research but was unable to advance its projects due to a lack of qualified professionals. The organization did not have any official employees—only its founder, who worked part-time for the organization without receiving a salary.

To advance its research projects, the employer identified a qualified researcher overseas and decided to apply for a PERM Labor Certification for them. Even though the organization had no employees, it still met all the PERM application requirements:

- Genuine Job Requirement – The researcher's role was crucial to the organization’s business development, fulfilling a real need.

- Adequate Financial Support – The employer demonstrated the ability to pay the offered wage through the organization's funds (cash reserve in a bank account), as reflected in the net current assets on the tax filings.

- Compliant Recruitment Process – The employer conducted the required recruitment but was unable to find a qualified U.S. worker, thereby justifying the PERM application.

This PERM application was approved without issues, and the I-140 petition was also granted, leading to a successful green card issuance. This case further proves that even if an employer has no employees, as long as there is a real job need and the ability to pay, they can still successfully apply for a PERM Labor Certification.

Conclusion

Many people mistakenly believe that a PERM Labor Certification application requires the employer to have a certain business scale or multiple employees. However, the reality is that the size of the company is not a determining factor. As long as the employer provides a genuine job opportunity and can prove the ability to pay the offered wage, they can successfully apply for a PERM Labor Certification and eventually obtain a green card, regardless of company size—even if they are the only person in the company.

If an employer or applicant has concerns about the PERM application, it is advisable to consult an experienced immigration attorney to ensure that the application materials are well-prepared and successfully approved.

About the Author

Attorney Jian Joe Zhou is a managing partner and senior attorney at Zhang & Associates, with over 20 years of experience in business immigration law. He has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries and professional backgrounds. For more information about legal services, contact Attorney Jian Joe Zhou at jzhou@hooyou.com.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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Tel:	1-800-230-7040, 713-771-8433
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(02/16/2025)