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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 process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is an essential action to accomplishing that objective. In this article, 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 initial step in the employment-based permit process. The procedure is created to ensure that there are no qualified U.S. employees offered for the position which the foreign worker will not adversely impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the task description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed employees in a particular profession in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of offer the irreversible position at. It is likewise the rate that should be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to evaluate the U.S. labor market through various recruitment approaches for "able, prepared, qualified, and offered" U.S. workers. Generally, the company has 2 options when deciding when to start the recruitment process. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

- 30 day task order with the State Workforce Agency serving the location of desired employment