1 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 allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking irreversible residency in the U.S., it is an important action to accomplishing that goal. In this post, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based permit procedure. The procedure is designed to ensure that there are no qualified U.S. workers readily available for the position which the foreign employee will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise employed employees in a particular occupation in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the location of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer should a minimum of provide the long-term position at. It is likewise the rate that needs to be paid to the employee 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 check the U.S. labor market through different recruitment techniques for "able, ready, qualified, and readily available" U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can start marketing (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:

- 30 day job order with the State Workforce Agency serving the area of desired employment