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

The employment-based green card process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is a vital action to attaining that goal. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the primary step in the employment-based green card procedure. The process is developed to make sure that there are no competent U.S. workers available for the position and that the foreign worker will not negatively impact the earnings 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 dominating wage rate is defined as the typical wage paid to likewise utilized workers in a particular occupation in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least offer the long-term position at. It is likewise the rate that should 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 company to evaluate the U.S. labor market through different recruitment techniques for "able, prepared, certified, and available" U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

- 30 day job order with the State Workforce Agency serving the location of desired work