EB-2 PERM Labor Certification in Costa Mesa: Employment Green Card Guide
Understanding the PERM process for EB-2 employment-based immigration
Quick Answer
For employers and foreign professionals in Costa Mesa pursuing employment-based green cards, the PERM labor certification process is a critical first step for most EB-2 and EB-3 cases. SoCal Immigration Services helps navigate this complex process for Orange County businesses and employees.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For employers and foreign professionals in Costa Mesa pursuing employment-based green cards, the PERM labor certification process is a critical first step for most EB-2 and EB-3 cases. SoCal Immigration Services helps navigate this complex process for Orange County businesses and employees.
What is PERM Labor Certification?
Key Points:
• Required for most EB-2 and all EB-3 green cards
• Filed by the employer on behalf of the employee
• Must prove no qualified U.S. workers available
• Establishes the 'prevailing wage' for the position
• Takes approximately 6-18 months to complete
Who Needs PERM?
| Category | PERM Required? | Notes |
|---|---|---|
| EB-2 with PERM | Yes | Advanced degree professionals |
| EB-2 NIW | No | National Interest Waiver bypass |
| EB-3 Skilled | Yes | Bachelor's degree positions |
| EB-3 Professional | Yes | Professional positions |
| EB-3 Other Workers | Yes | Less skilled positions |
| EB-1A/B/C | No | Extraordinary ability/managers |
| Schedule A | No | Nurses, physical therapists |
The PERM Process Overview
- •Step 1: Determine job requirements and prevailing wage
- •Step 2: Conduct recruitment to test the labor market
- •Step 3: Document recruitment results
- •Step 4: File ETA Form 9089 with Department of Labor
- •Step 5: DOL reviews and issues certification (or audit)
- •Step 6: File I-140 petition with USCIS
- •Step 7: File I-485 adjustment (when priority date current)
Prevailing Wage Determination
Prevailing Wage Process:
• Employer submits Form ETA-9141 to DOL
• DOL determines wage for occupation in Costa Mesa area
• Based on SOC code and job requirements
• Four wage levels based on experience required
• PWD valid for specific period (90 days to 1 year)
Current Processing: PWD requests typically take 6-10 months.
Recruitment Requirements
- •Job order with State Workforce Agency (30 days)
- •Two Sunday newspaper advertisements
- •30-day posting on employer's website
- •Internal posting notice at job site (10 business days)
- •For professional positions: 3 additional recruitment steps
- •Additional options: job fairs, campus recruiting, professional journals
Professional Occupation Additional Recruitment
| Method | Description | Timing |
|---|---|---|
| Job Fair | Career fair targeting profession | During recruitment period |
| Campus Placement | University recruiting if appropriate | During recruitment period |
| Professional Organization | Trade or professional group | During recruitment period |
| Trade Publication | Industry journal ad | During recruitment period |
| Employee Referral | Incentive program | During recruitment period |
| Private Recruiter | Search firm engagement | During recruitment period |
Evaluating U.S. Worker Applicants
Lawful Rejection Reasons:
• Does not meet minimum requirements
• Unable to perform job duties
• Not available when needed
• Rejected for lawful job-related reasons
Unlawful Rejection:
• Cannot reject for 'overqualification'
• Cannot add requirements to eliminate applicants
• Must document all rejection reasons carefully
• Foreign national must meet exact requirements
Filing the PERM Application (ETA-9089)
Form ETA-9089 Contents:
• Employer information and attestations
• Job opportunity details
• Education and experience requirements
• Foreign worker qualifications
• Recruitment summary
• Prevailing wage information
Must file within 180 days of completing recruitment. All statements made under penalty of perjury.
DOL Processing and Outcomes
- •Certification: DOL approves the application
- •Denial: Application rejected (can appeal or refile)
- •Audit: DOL requests additional documentation
- •Supervised Recruitment: DOL oversees new recruitment
- •Processing time: Currently 6-12 months for non-audited cases
PERM Audit
Commonly Audited Items:
• Recruitment advertisements and postings
• Resumes of U.S. applicants and rejection reasons
• Business necessity for requirements
• Employer-employee relationship
• Prevailing wage documentation
Audit Response:
• 30 days to respond (extensions possible)
• Must provide all requested documentation
• Incomplete responses result in denial
After PERM: The I-140 Petition
I-140 Requirements:
• Certified PERM application
• Evidence employee meets requirements
• Evidence employer can pay offered wage
• Supporting documents for education/experience
Premium Processing:
• Available for additional $2,805 fee
• 15 business day processing
• Highly recommended for Costa Mesa employers
Costa Mesa Employer Responsibilities
- •Must have legitimate full-time permanent position
- •Cannot tailor requirements to employee's qualifications
- •Must pay prevailing wage from green card approval
- •Cannot charge employee for PERM costs
- •Must maintain PERM file for 5 years
- •Must be able to pay offered wage
- •Must provide working conditions in application
Costa Mesa PERM Services
- •Prevailing wage request preparation
- •Job requirement analysis
- •Recruitment strategy and compliance
- •ETA-9089 preparation and filing
- •Audit response preparation
- •I-140 petition filing
- •Coordination with immigration attorneys
- •Arabic-speaking support for employees
FAQFrequently Asked Questions
Q:How long does the PERM process take?
A: The complete PERM process typically takes 12-18 months: 6-10 months for prevailing wage determination, 2-3 months for recruitment, and 6-12 months for DOL processing. Audits add additional time.
Q:Can I change jobs during the PERM process?
A: If you leave your sponsoring employer before PERM is certified and I-140 approved, the process must start over with the new employer. After I-140 approval, your priority date may be portable.
Q:Who pays for PERM?
A: The employer must pay all PERM-related costs, including attorney fees, recruitment advertising, and filing fees. Charging the employee is prohibited by DOL regulations and can void the certification.
Q:Can my employer require I repay PERM costs if I leave?
A: No. DOL regulations prohibit employers from seeking reimbursement from employees for any PERM-related costs, even through employment contracts. Such agreements are unenforceable.
Q:What if a qualified U.S. worker applies?
A: If a qualified U.S. worker applies and is able, willing, and available for the position, the employer must hire them and the PERM application cannot proceed for that position. This is the purpose of the recruitment.
Q:Can I work for the employer while PERM is pending?
A: Yes, if you have valid work authorization (such as H-1B). PERM itself does not provide work authorization - it's just the first step toward a green card.
Need Help with PERM Labor Certification in Costa Mesa?
Our team helps Orange County employers navigate the complex PERM process. We ensure compliance with DOL regulations and proper documentation.
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