The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, but for those seeking permanent residency in the U.S., it is a vital action to attaining that goal. In this article, we will go through the steps of the employment-based green card process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is usually the primary step in the employment-based permit procedure. The procedure is created to guarantee that there are no certified U.S. workers available for the position which the foreign employee will not adversely impact the incomes and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task details are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used employees in a particular occupation in the location of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the area of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to a minimum of use the long-term position at. It is likewise the rate that must be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment approaches for "able, prepared, qualified, and offered" U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.
All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:
- one month task order with the State Workforce Agency serving the area of intended work
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The Employment Based Green Card: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
Abbie Cairns edited this page 2 months ago