1 The Employment Based Permit: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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The employment-based green card procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those looking for irreversible residency in the U.S., it is a necessary action to achieving that goal. In this short article, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the very first step in the employment-based permit process. The process is designed to ensure that there are no certified U.S. workers available for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the task information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed workers in a specific occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company should a minimum of provide the permanent position at. It is likewise the rate that needs to be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to check the U.S. labor market through numerous recruitment methods for "able, willing, certified, and available" U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

- thirty days task order with the State Workforce Agency serving the location of intended work