PERM Labor Certification in Phoenix
Draw on Over 35 Years of Experience for Your Phoenix PERM Case
PERM labor certification is often the first major step for a Phoenix employer sponsoring a foreign national for permanent employment. Federal Immigration Counselors, P.C. represents employers and employees throughout the process, from meeting U.S. Department of Labor (DOL) requirements to preparing for an employment-based petition.
Our attorneys are licensed to practice in Arizona and California, and we represent immigration clients across both states. With over 35 years of experience handling complex cases, we understand how each stage fits into the broader immigration strategy.
Discuss the next steps in your employment-based case. Call (602) 600-0504 to speak with our firm.
What PERM Labor Certification Means for Phoenix Employers
A permanent labor certification allows an employer to hire a foreign worker for permanent employment in the United States. When certification is required, the employer generally obtains it before submitting the related petition to U.S. Citizenship and Immigration Services (USCIS).
PERM is an employer-driven process. The sponsoring employer defines the permanent position, completes the required labor market steps, and files the application. Although the foreign national is the intended beneficiary, the employer remains responsible for meeting DOL requirements.
The agency evaluates two central issues:
- Whether sufficient U.S. workers are able, willing, qualified, and available for the position in the area of intended employment.
- Whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.
The position, its requirements, the offered wage, and the recruitment record are central to this review. Certification applies to the specific job opportunity described by the employer and doesn’t grant immigration status directly to the employee.
Employment-Based Green Card Categories That May Require PERM
The applicable employment-based category determines whether labor certification is required. We handle matters involving EB-2 and EB-3 green card categories, both of which commonly involve PERM.
Categories that generally require certification include:
- EB-2: Cases for professionals with advanced degrees or individuals with exceptional ability.
- EB-3: Cases for professionals, skilled workers, and other workers, sometimes described as unskilled workers.
Not every employment-based case requires this process. EB-1 cases, National Interest Waiver cases, and certain exempt classifications such as Schedule A occupations may proceed without it. Identifying the correct category at the outset clarifies whether an employer needs certification before filing an immigrant petition.
The PERM Labor Certification Process
The process begins with a permanent, full-time job opportunity. The employer defines the position and its requirements accurately because those details carry through the wage request, recruitment, required notice, and final filing.
The principal stages include:
- Required wage determination: Before filing, the employer obtains a valid prevailing wage determination from the National Prevailing Wage Center. It identifies the applicable wage based on factors relevant to the position and area of intended employment.
- Recruitment and Notice of Filing: The employer completes the required pre-filing recruitment and provides a Notice of Filing. These steps test the labor market for qualified U.S. workers and vary with the position and governing DOL requirements.
- ETA Form 9089: The employer submits ETA Form 9089 to the DOL Employment and Training Administration. Electronic filing requires a Login.gov account and an account in the Foreign Labor Application Gateway, commonly called FLAG.
Total timing depends on wage issuance, recruitment, agency adjudication, and whether the filing is selected for an audit. Processing conditions can change, so employers should avoid building a sponsorship strategy around a fixed completion estimate.
Preparing for PERM Audits Through Organized Documentation
A PERM audit is a request for records supporting the labor certification application. It doesn’t determine the final result, but it requires the employer to substantiate the information and attestations in the filing.
Supporting records commonly include:
- Recruitment materials and records documenting the employer’s activity.
- Wage materials associated with the sponsored position.
- Documents supporting the job duties and stated requirements.
- Notice documentation and relevant application records.
Employers should preserve the materials supporting recruitment, job requirements, and the details reported on ETA Form 9089. We can organize the position details, recruitment record, and application materials before filing. Consistency is essential because the DOL can compare information across the record during its review.
From PERM Certification to the I-140 Petition
After the DOL certifies the PERM application, the employer can file an I-140 immigrant petition with USCIS. This separate stage asks the agency to classify the employee under the applicable employment-based category.
PERM certification doesn’t grant a green card or immigration status. It completes the labor certification stage and allows the employer to proceed with the petition. The employee’s path after the I-140 filing depends on the broader immigration process and the circumstances of the case.
Plan the Next Step in Your Employment-Based Case
Employers and foreign national employees can contact us to discuss whether PERM labor certification is required for the intended employment-based category. We offer services in English, Spanish, Punjabi, and Urdu, along with flexible payment plans.
Call (602) 600-0504 to discuss PERM representation with Federal Immigration Counselors, P.C.
