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1 The Employment Based Green Card: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for those looking for long-term residency in the U.S., it is an essential step to achieving that goal. In this post, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the job description for the sponsored position. Once the task details are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized workers in a particular occupation in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to a minimum of provide the irreversible position at. It is also the rate that must 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 guidelines require a sponsoring employer to test the U.S. labor market through numerous recruitment methods for "able, prepared, qualified, and available" U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment procedure. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

- 1 month job order with the State Workforce Agency serving the location of designated work