The employment-based green card process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is a necessary step to attaining that goal. In this article, we will go through the steps of the employment-based green card procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is generally the primary step in the employment-based permit process. The procedure is created to make sure that there are no certified U.S. workers readily available for the position which the foreign employee will not negatively impact the earnings and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer begins the PERM process by drafting the job description for the sponsored position. Once the job information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized workers in a particular occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the area of designated work, travel requirements (if any), to name a few things. The dominating wage is the rate the company must a minimum of offer the long-term position at. It is likewise the rate that needs to be paid to the staff member once the green card 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 evaluate the U.S. labor market through numerous recruitment methods for "able, willing, certified, and readily available" U.S. employees. Generally, the employer has 2 options 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 provided.
All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:
- 1 month job order with the State Workforce Agency serving the location of desired employment
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The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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