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

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based permit procedure. The process is designed to make sure that there are no qualified U.S. employees readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly used workers in a particular profession in the location of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least use the permanent position at. It is likewise the rate that must be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through various recruitment approaches for “able, ready, certified, and offered” U.S. employees. Generally, the employer has 2 alternatives when deciding when to start the recruitment process. The employer can begin advertising (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 location of desired employment