The employment-based green card process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those looking for permanent residency in the U.S., it is an important action to accomplishing that objective. In this post, we will go through the actions of the employment-based green card procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is normally the first action in the employment-based green card procedure. The procedure is designed to ensure that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer begins the PERM process by preparing the job description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise employed employees in a specific occupation in the location of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer need to at least provide the permanent position at. It is likewise the rate that needs to be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies require a sponsoring company to test the U.S. labor market through various recruitment techniques for "able, prepared, qualified, and available" U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for a professional or non-professional profession, need the following recruitment efforts:
- 30 day job order with the State Workforce Agency serving the area of intended employment
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The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
Sabine Leonski edited this page 5 months ago