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The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
Abigail Brooker a édité cette page il y a 4 semaines
The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is an essential step to achieving that objective. In this 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 generally the very first action in the employment-based permit procedure. The procedure is created to ensure that there are no competent U.S. workers available for the position and that the foreign employee will not negatively affect the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM procedure by preparing the task description for the sponsored position. Once the task details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise utilized workers in a specific profession in the location of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must at least offer the permanent position at. It is also the rate that must be paid to the employee once the green card is received. 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 different recruitment approaches for “able, prepared, qualified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The company can start advertising (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, require the following recruitment efforts:
- 30 day job order with the State Workforce Agency serving the location of intended work
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