The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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The employment-based green card process is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is an important step to attaining that goal. In this post, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the task description for the sponsored position. Once the task information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly used workers in a particular profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must a minimum of provide the long-term position at. It is also the rate that should be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to check the U.S. labor market through numerous recruitment approaches for “able, ready, qualified, and readily available” U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. 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 an expert or non-professional occupation, require the following recruitment efforts:

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