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The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is an important action to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is normally the initial step in the employment-based green card process. The process is created to ensure that there are no qualified U.S. employees offered for the position and that the foreign employee will not adversely affect the incomes and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed workers in a particular profession in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer should at least provide the long-term position at. It is also the rate that should be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, ready, certified, and available” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The employer can start marketing (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 occupation, need the following recruitment efforts:
- thirty days task order with the State Workforce Agency serving the area of designated work
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