The employment-based permit process is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based green card procedure. The process is created to ensure that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing 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 dominating wage rate is defined as the typical wage paid to similarly employed workers in a specific occupation in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to a minimum of provide the permanent position at. It is likewise the rate that should be paid to the employee once the green card 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 test the U.S. labor market through numerous recruitment methods for “able, ready, qualified, and offered” U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

- 1 month task order with the State Workforce Agency serving the area of intended work