PERM Employment Green Card in Ontario: Labor Certification Guide for Inland Empire Workers
Navigate the PERM process for employer-sponsored green cards in Ontario, CA
Quick Answer
For workers and employers in Ontario and the Inland Empire seeking employment-based green cards, the PERM labor certification is often the first step. SoCal Immigration Services helps you understand this complex process with expert Arabic-speaking support.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For workers and employers in Ontario and the Inland Empire seeking employment-based green cards, the PERM labor certification is often the first step. SoCal Immigration Services helps you understand this complex process with expert Arabic-speaking support.
What is PERM Labor Certification?
Key Points:
• PERM is filed by the employer, not the employee
• The employer must prove they tried to recruit U.S. workers first
• The job must be a permanent, full-time position
• The employee must meet the job requirements at time of filing
• Once certified, PERM is valid for 180 days to file I-140
Who Needs PERM?
- •EB-2 (Advanced Degree Professionals) - most cases
- •EB-3 (Skilled Workers, Professionals, Unskilled Workers)
- •Employees whose employers want to sponsor their green card
- •H-1B, L-1, or other visa holders seeking permanent residence through employment
PERM Not Required For
- •EB-1A (Extraordinary Ability)
- •EB-1B (Outstanding Professors and Researchers)
- •EB-1C (Multinational Managers and Executives)
- •EB-2 NIW (National Interest Waiver)
- •Schedule A occupations (nurses, physical therapists)
The PERM Process Step by Step
| Step | Description | Timeline |
|---|---|---|
| 1. Prevailing Wage | DOL determines required wage | 3-6 months |
| 2. Recruitment | Employer advertises the position | 2-3 months |
| 3. Application Filing | Submit ETA Form 9089 to DOL | 1 day |
| 4. DOL Processing | Review of application | 6-12 months |
| 5. Certification | PERM approved | Valid 180 days |
| 6. I-140 Filing | Petition filed with USCIS | Within 180 days |
Prevailing Wage Determination
• The wage is based on the job location (Ontario, CA area)
• Considers the occupation, experience level, and duties
• Four wage levels based on job complexity
• Must pay at least this wage if PERM is approved
• Currently taking 3-6 months to process
Mandatory Recruitment Steps
- •Job Order with State Workforce Agency (30 days)
- •Two Sunday newspaper advertisements
- •30-day internal posting at worksite
- •Three additional recruitment steps for professional positions
Additional Professional Recruitment
- •Job fairs
- •Employer's website
- •Job search website other than employer's
- •On-campus recruiting
- •Trade or professional organizations
- •Private employment firms
- •Employee referral program with incentives
- •Campus placement offices
- •Local and ethnic newspapers
- •Radio and television advertisements
Document Requirements for Employees
- •Resume showing all relevant experience
- •Educational credentials (diplomas, transcripts)
- •Foreign credential evaluations if applicable
- •Experience letters from previous employers
- •Professional licenses or certifications
- •Evidence of skills required for the position
- •Current immigration status documentation
Common PERM Audit Triggers
- •Job requirements exceed typical for the occupation
- •Foreign language requirement without business necessity
- •Employee trained for the position by the employer
- •Employee is related to the employer
- •Job combination (multiple roles combined)
- •Work experience gained with sponsoring employer
- •Below-market wage
- •Layoffs in the same occupation
PERM Processing Times
| Category | Timeline | Notes |
|---|---|---|
| Regular Processing | 6-12 months | Most applications |
| Audit | 12-18 months | Additional review required |
| Supervised Recruitment | 18-24 months | DOL oversees recruitment |
| Reconsideration | 6-12 months | After denial |
After PERM Certification
1. File Form I-140 (Immigrant Petition) within 180 days
2. Wait for priority date to become current
3. File Form I-485 (Adjustment of Status) or complete consular processing
4. Attend interview if required
5. Receive green card
The priority date for PERM cases is the date the PERM application was filed.
Our Ontario PERM Support Services
- •Help employees gather and organize documentation
- •Prepare experience letters and credential evaluations
- •Translate foreign documents (Arabic, Spanish, other languages)
- •Explain the timeline and process to employees
- •Coordinate with immigration attorneys
- •Document tracking and organization
- •Arabic-speaking staff available for Middle Eastern employees
FAQFrequently Asked Questions
Q:How long does the PERM process take in Ontario?
A: The entire PERM process typically takes 12-18 months from start to certification, including 3-6 months for prevailing wage, 2-3 months for recruitment, and 6-12 months for DOL processing.
Q:Can I change jobs during the PERM process?
A: The PERM is tied to the specific employer and job. If you change jobs, the PERM becomes invalid and a new employer would need to start over. However, your visa status may allow you to remain in the U.S. while the new employer processes PERM.
Q:What if my PERM is denied?
A: If PERM is denied, the employer can request reconsideration within 30 days, providing additional evidence. If reconsideration fails, the employer would need to start a new PERM application.
Q:Does my employer have to pay for PERM?
A: Yes, the employer must pay all costs associated with PERM recruitment and the PERM application itself. The employee cannot pay these costs. However, the employee may pay their own attorney fees for adjustment of status.
Q:Can I be promoted during the PERM process?
A: This is complex. If the promotion significantly changes the job duties or requirements, it may affect the PERM. Generally, minor changes are okay, but substantial changes may require a new PERM. Consult with an attorney.
Q:Do you file PERM applications?
A: We do not file PERM applications as this requires an attorney. We help employees prepare their documentation and can refer you to immigration attorneys who handle PERM cases.
Need Help with PERM Documentation in Ontario?
Let our team help you prepare the documentation needed for your employment-based green card. We assist workers throughout the Inland Empire.
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