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The Employment Based Green Card: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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The employment-based permit process is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, however for those looking for long-term residency in the U.S., it is a necessary step to attaining that goal. In this post, we will go through the actions of the employment-based green card process in information.
Step 1: PERM/Labor Certification
The PERM/Labor employment Certification process is generally the initial step in the employment-based permit process. The procedure is developed to guarantee that there are no competent U.S. workers offered for the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise used workers in a specific occupation in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should a minimum of 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 prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations require a sponsoring employer to evaluate the U.S. labor market through various recruitment approaches for “able, prepared, certified, and available” U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
- one month task order with the State Workforce Agency serving the area of employment
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