PERM Labor Certification in San Diego: Employment Green Card Process for Arab Professionals

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San Diego's thriving technology, biotechnology, healthcare, and defense sectors employ thousands of skilled Arab professionals from across the Middle East and North Africa. Many of these professionals arrived on H-1B, L-1, or other work visas and now seek permanent residence through employer sponsorship. The PERM Labor Certification is the critical first step in the employment-based green card process, requiring employers to demonstrate that no qualified U.S. workers are available for the position. This complex process involves coordination between the employer, the Department of Labor (DOL), and USCIS, with strict regulatory requirements at every stage. SoCal Immigration Services guides San Diego employers and their Arab professional employees through every phase of the PERM process, from prevailing wage requests to final green card approval. Call SoCal Immigration Services at (714) 421-8872.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Understanding the PERM Labor Certification Process

The Program Electronic Review Management (PERM) system is the Department of Labor's process for employers to obtain labor certification for sponsoring foreign workers for permanent residence in the United States. Established in 2005, PERM replaced the older labor certification process with an electronic filing system designed to streamline employer applications. The fundamental purpose of PERM is to protect U.S. workers by ensuring that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed American workers. To obtain PERM certification, the employer must demonstrate through a structured recruitment process that there are no minimally qualified U.S. workers available, willing, and able to fill the offered position at the prevailing wage. The PERM process is employer-driven, meaning the employer files the application and bears the costs of the recruitment process. The foreign worker beneficiary cannot pay for or reimburse the employer for PERM-related costs, including attorney fees, advertising expenses, and filing fees. This is a strict DOL regulation, and violations can result in denial of the application and potential debarment of the employer from future PERM filings. For Arab professionals in San Diego working in engineering, information technology, healthcare, scientific research, and other skilled fields, PERM is typically the gateway to an EB-2 or EB-3 employment-based green card.

•PERM is the DOL's electronic labor certification system for employer-sponsored green cards
•Employers must prove no qualified U.S. workers are available for the position
•The employer bears all costs — the employee cannot pay for PERM expenses
•PERM is the first step in the EB-2 and EB-3 green card process
•Filing is done electronically through the DOL's PERM online system
•Violations of PERM rules can result in application denial and employer debarment

Prevailing Wage Determination: The Foundation of PERM

Before any recruitment can begin, the employer must obtain a prevailing wage determination (PWD) from the DOL's National Prevailing Wage Center (NPWC). The prevailing wage is the average wage paid to similarly employed workers in the specific occupation in the geographic area where the job will be performed. For San Diego positions, the prevailing wage reflects the local labor market conditions in the San Diego-Chula Vista-Carlsbad metropolitan statistical area. The employer submits Form ETA-9141 to the NPWC, describing the job duties, education requirements, experience requirements, and any special skills needed for the position. The NPWC assigns the occupation a Standard Occupational Classification (SOC) code and determines the prevailing wage at one of four skill levels, with Level 1 representing entry-level positions and Level 4 representing fully competent, senior-level positions. The skill level assignment significantly affects the wage amount and can impact the green card category (EB-2 vs. EB-3). As of 2026, prevailing wage processing times at the NPWC range from 6 to 10 months, which means employers must plan well in advance. The employer must offer a wage that meets or exceeds the prevailing wage determination. For San Diego's competitive job market, prevailing wages in technology and healthcare fields often exceed $100,000 annually for mid-level positions, reflecting the high cost of living in the region.

•Prevailing wage determination must be obtained before starting recruitment
•Form ETA-9141 is filed with the National Prevailing Wage Center
•Wages are determined based on San Diego metro area labor market data
•Four skill levels: Level 1 (entry) through Level 4 (senior/expert)
•Current NPWC processing times: 6-10 months
•The offered wage must meet or exceed the prevailing wage
•Prevailing wage determinations are valid for 180 days from issuance for PERM filing purposes

Mandatory Recruitment Steps and Documentation

Once the prevailing wage determination is received, the employer must conduct a structured recruitment campaign to test the U.S. labor market. DOL regulations prescribe specific recruitment steps that must be completed within a defined timeframe. For professional positions (those requiring at least a bachelor's degree), the employer must complete a minimum of five recruitment activities. The mandatory steps include placing two print advertisements in a newspaper of general circulation on two different Sundays (for San Diego, this is typically the San Diego Union-Tribune), posting the job opportunity on the employer's website for 30 consecutive days, placing a 30-day job order with the California Employment Development Department (EDD) through CalJOBS, and posting an internal notice of the job opportunity at the worksite for 10 consecutive business days. In addition to these mandatory steps, the employer must select at least three additional recruitment activities from a list of ten options specified in the regulations. These optional activities include job fairs, campus placement offices, trade or professional organization websites, private employment agencies, employee referral programs, ethnic or community-based advertising, local or ethnic newspapers, and radio or television advertising. Every recruitment step must be carefully documented with evidence of the advertisement content, placement dates, and results. The recruitment process must be completed between 30 and 180 days before the PERM application is filed.

•Two Sunday newspaper advertisements in the San Diego Union-Tribune
•30-day job posting on the employer's website
•30-day job order with California EDD through CalJOBS
•10 business day internal job posting at the worksite
•Three additional recruitment steps from DOL's approved list of options
•All recruitment must be completed 30-180 days before PERM filing
•Detailed documentation of every recruitment activity and its results is required

DOL Audit: Preparation and Response Strategies

After the employer files the PERM application (Form ETA-9089) electronically, the DOL may select the case for audit. Audit selection can be random or triggered by specific factors in the application, such as job requirements that appear unusually restrictive, business necessity justifications for specific requirements, or the employer's past PERM filing history. As of 2026, approximately 30-40% of PERM applications are selected for audit, making it a common occurrence that every employer should prepare for. When a case is audited, the DOL sends an audit letter requesting specific documentation within 30 days. The required documents typically include copies of all recruitment advertisements and postings, evidence of placement dates and media used, a detailed recruitment report summarizing the results of each recruitment step and the employer's lawful job-related reasons for rejecting each U.S. applicant, copies of all resumes received, and documentation of the employer's interview and evaluation process. The recruitment report is the most critical document in the audit response. It must describe each applicant who responded to the recruitment, the applicant's qualifications, whether the applicant was contacted for an interview, and the specific lawful job-related reason the applicant was not hired. Acceptable reasons for rejection include failure to meet the minimum education or experience requirements, failure to respond to interview requests, and voluntary withdrawal of the application. Reasons related to national origin, race, gender, or other protected characteristics are never acceptable. SoCal Immigration Services prepares comprehensive audit-ready documentation from the beginning of the PERM process, ensuring that if an audit is triggered, the response is ready to submit promptly.

•30-40% of PERM applications are audited as of 2026
•Audit responses must be submitted within 30 days of the audit letter
•The recruitment report is the most critical audit document
•Every rejected U.S. applicant must have a documented lawful job-related reason for rejection
•Supervised recruitment (DOL-directed) may follow if the audit response is insufficient
•Audit preparation should begin at the start of recruitment, not after the audit letter arrives

Processing Times and Current PERM Timeline

The PERM labor certification process involves multiple sequential steps, each with its own processing time, making accurate timeline planning essential for employers and employees. As of early 2026, the total PERM process from start to finish typically takes 18 to 24 months when there are no complications. The prevailing wage determination phase takes 6 to 10 months at the National Prevailing Wage Center. Once the prevailing wage is received, the recruitment phase requires approximately 2 to 3 months to complete all mandatory and additional recruitment steps within the regulatory timeframes. After the recruitment is complete and the 30-day waiting period has elapsed, the PERM application itself can be filed electronically. DOL processing of non-audited PERM applications currently takes 8 to 12 months from filing to certification. If the case is selected for audit, add an additional 6 to 12 months for audit processing. For Arab professionals on H-1B visas, the PERM timeline is particularly important because H-1B status is limited to a maximum of 6 years. However, if a PERM application has been filed or an I-140 petition has been approved before the end of the 5th year in H-1B status, the employee may be eligible for H-1B extensions beyond the 6-year limit under Section 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21). This makes early PERM filing a strategic priority for San Diego employers sponsoring Arab professionals who are approaching their H-1B limits.

•Prevailing wage determination: 6-10 months
•Recruitment phase: 2-3 months after prevailing wage receipt
•PERM application processing (non-audited): 8-12 months
•Audit processing adds 6-12 months to the timeline
•Total process without audit: approximately 18-24 months
•Total process with audit: approximately 24-36 months
•Early filing preserves H-1B extension eligibility under AC21

EB-2 vs. EB-3: Choosing the Right Green Card Category

After PERM labor certification is approved, the employer files an I-140 Immigrant Petition for Alien Worker with USCIS. The green card category — EB-2 or EB-3 — depends on the requirements of the position and the qualifications of the employee. The EB-2 category requires the position to need a minimum of a master's degree or a bachelor's degree plus five years of progressive post-baccalaureate experience. The EB-3 category covers positions requiring a bachelor's degree or two years of experience for skilled workers. For Arab professionals in San Diego, the choice between EB-2 and EB-3 has significant implications for visa bulletin wait times. EB-2 category applicants from most countries, including Middle Eastern and North African countries, generally have shorter wait times than EB-3 applicants. However, the specific wait time depends on the applicant's country of chargeability (typically the country of birth) and the monthly visa bulletin published by the Department of State. As of early 2026, EB-2 wait times for applicants born in countries other than India and China are relatively current, meaning minimal wait after I-140 approval. EB-3 wait times for these same applicants are also current or very close to current. However, these priority dates can shift, and strategic planning is important. Some employers and employees choose to file in both categories to maximize flexibility. The I-140 filing fee is $715 as of 2026, and premium processing (15 business days) is available for an additional $2,805.

•EB-2: Requires master's degree or bachelor's plus 5 years progressive experience
•EB-3: Requires bachelor's degree or 2 years of experience (skilled worker)
•EB-2 generally has shorter visa bulletin wait times than EB-3
•Wait times depend on country of birth (country of chargeability)
•I-140 filing fee: $715 (2026)
•Premium processing available: $2,805 for 15 business day adjudication
•Dual filing in both EB-2 and EB-3 is a common strategic approach

Employer Requirements and Responsibilities

Employers sponsoring Arab professionals through the PERM process must meet specific requirements and assume significant responsibilities throughout the multi-year green card process. First, the employer must be a bona fide business operating in the United States with the ability to pay the offered wage from the date the PERM application is filed until the employee obtains permanent residence. The ability to pay is typically demonstrated through annual reports, federal tax returns, or audited financial statements showing net income or net current assets equal to or exceeding the offered wage. For San Diego startups and smaller companies, meeting the ability-to-pay requirement can be challenging, and SoCal Immigration Services can advise on strategies to satisfy this requirement. The employer must also demonstrate that the job opportunity is for a full-time, permanent position — not a temporary or contract role. The job requirements listed in the PERM application must reflect the actual minimum requirements for the position, not requirements tailored to the specific foreign worker's qualifications. If the employer requires skills or experience beyond what is normally required for the occupation, it must demonstrate business necessity through documentation such as organizational charts, client requirements, or industry standards. The employer cannot require the foreign worker to speak a specific language (such as Arabic) unless it can demonstrate business necessity for the language requirement. Additionally, the employer is prohibited from laying off U.S. workers in the same or related occupation within 180 days before or after filing the PERM application unless it can demonstrate that the layoffs were unrelated to the PERM filing.

•Employer must demonstrate ability to pay the offered wage throughout the process
•Position must be full-time and permanent, not temporary or contract
•Job requirements must reflect actual minimum requirements, not tailored to the employee
•Business necessity must be documented for any unusual requirements
•Language requirements need business necessity justification
•No layoffs in same or related occupation within 180 days of PERM filing
•Employer bears all PERM-related costs including advertising and attorney fees

Employee Qualifications and Common Challenges for Arab Professionals

Arab professionals seeking PERM-based green cards in San Diego face several unique challenges related to educational credentials, work experience documentation, and name variations across documents. Many Arab professionals hold degrees from universities in Iraq, Syria, Lebanon, Egypt, Jordan, and other Middle Eastern countries. These credentials must be evaluated by a recognized credential evaluation service to determine the U.S. equivalency. For PERM purposes, the employee must meet the minimum requirements listed in the job description at the time the PERM application is filed. If the position requires a master's degree in computer science, the employee must have a credential evaluation showing a U.S.-equivalent master's degree in computer science or a closely related field. Experience gained with the sponsoring employer can generally count toward the requirements, but only if the employee gained the experience in a different position with substantially different duties. Name discrepancies are a common issue for Arab professionals, as Arabic names are transliterated into English differently on various documents. A person named Mohammed on their passport might appear as Muhammad on their degree certificate and Mohamed on their work experience letters. SoCal Immigration Services helps resolve these discrepancies through affidavits, name change documentation, and explanation letters. Additionally, obtaining work experience verification letters from former employers in the Middle East can be challenging, especially from countries experiencing conflict. We assist with alternative documentation strategies when traditional experience letters are unavailable.

•Foreign degrees require credential evaluation for U.S. equivalency
•Employee must meet minimum job requirements at the time of PERM filing
•Experience with the sponsoring employer counts only if in a substantially different position
•Arabic name transliteration discrepancies require affidavits and explanation letters
•Work experience letters from Middle Eastern employers may be difficult to obtain
•Three-year degree programs may require additional coursework or experience for U.S. equivalency
•Professional licenses (engineering, medical) may need U.S. validation

FAQFrequently Asked Questions

Q:How long does the entire PERM green card process take from start to finish?

A: The PERM process alone takes approximately 18-24 months without audit, or 24-36 months with audit. After PERM approval, the I-140 petition takes 6-8 months (or 15 business days with premium processing), followed by adjustment of status (I-485) or consular processing which adds another 8-14 months. Total timeline: approximately 2.5-4 years.

Q:Can I change employers during the PERM process?

A: If you change employers before the PERM is approved, the application is abandoned and the new employer must start the process from scratch. After PERM approval and I-140 filing, portability options under AC21 become available after the I-485 has been pending for 180 days, allowing you to change to a similar position with a new employer.

Q:What is the difference between EB-2 and EB-3 for wait times?

A: EB-2 generally has shorter wait times than EB-3. As of early 2026, applicants born in countries other than India and China (including all Middle Eastern and North African countries) have minimal wait times in both categories. However, visa bulletin dates can shift, so filing in the highest possible category provides the best protection.

Q:Does my employer have to pay for the PERM process?

A: Yes. DOL regulations strictly prohibit the employee from paying for any PERM-related costs, including attorney fees for the labor certification process, advertising costs, and recruitment expenses. The employee can pay their own attorney fees for the I-140 and I-485 stages, but not for the PERM stage.

Q:Can my spouse work while my PERM application is pending?

A: Your spouse's work authorization depends on their own immigration status, not the PERM application. If your spouse holds H-4 status (dependent of H-1B), they may be eligible for an H-4 EAD if you have an approved I-140 or are in the 7th year of H-1B extension. The PERM application itself does not provide work authorization for dependents.

Q:What happens if the PERM application is denied?

A: If the PERM is denied, the employer can file a request for reconsideration with the DOL's Board of Alien Labor Certification Appeals (BALCA) within 30 days. Alternatively, the employer can start a new PERM process from scratch. Common denial reasons include insufficient recruitment documentation, audit response failures, and job requirement issues. SoCal Immigration Services prepares cases to minimize denial risk.

Disclaimer: This article provides general information about immigration services in San Diego and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 20, 2026Last Updated: February 20, 2026

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