1 The Employment Based Green Card: 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 allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for those seeking permanent residency in the U.S., it is an important action to attaining that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit procedure. The process is created to make sure that there are no certified U.S. employees available for the position which the foreign worker will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the job details are completed, a dominating wage application is submitted 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 upon the particular position, job tasks, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of provide the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and available” U.S. employees. Generally, the employer has 2 choices when choosing when to start the recruitment procedure. The employer can start marketing (1) while the prevailing 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:

- one month job order with the State Workforce Agency serving the area of intended work