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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 process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is an essential step to attaining that goal. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the very first action in the employment-based permit procedure. The process is developed to make sure that there are no certified U.S. employees offered for the position and employment that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the task details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed workers in a particular occupation in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of designated work, travel requirements (if any), among other things. The dominating wage is the rate the employer must at least provide the permanent position at. It is likewise the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing 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 methods for "able, ready, qualified, and available" U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The company can start 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 occupation, require the following recruitment efforts:

- 1 month job order with the State Workforce Agency serving the area of intended employment