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1 The Employment Based Green Card: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those looking for long-term residency in the U.S., it is a vital step to accomplishing that goal. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the first action in the employment-based green card process. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position and that the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the task description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized workers in a specific profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must a minimum of offer the long-term position at. It is likewise the rate that must be paid to the worker once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through different recruitment approaches for "able, ready, qualified, and available" U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment procedure. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the location of designated employment