The employment-based green card procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those seeking permanent residency in the U.S., it is an important step to attaining that objective. In this post, 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 process. The process is designed to guarantee that there are no certified U.S. employees offered 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 starts the PERM process by drafting the task description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed workers in a specific occupation in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must at least offer the permanent position at. It is also the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies require a sponsoring employer to evaluate the U.S. labor market through various recruitment methods for "able, willing, certified, and available" U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The employer can begin marketing (1) while the dominating 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:
- 1 month task 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
Abbie Cairns edited this page 1 week ago