The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those looking for long-term residency in the U.S., it is a vital step to achieving that objective. 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 initial step in the employment-based permit process. The process is designed to make sure that there are no competent U.S. workers available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly used workers in a specific occupation in the area of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of designated employment, employment travel requirements (if any), amongst other things. The prevailing wage is the rate the employer need to a minimum of use the long-term position at. It is likewise the rate that should be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to evaluate the U.S. labor market through various recruitment techniques for “able, prepared, qualified, and offered” U.S. workers. Generally, the employer has 2 choices when choosing when to begin the recruitment procedure. The company can start 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, need the following recruitment efforts:

- 30 day job order with the State Workforce Agency serving the location of intended work