1 The Employment Based Green Card: Your Comprehensive Step by Step Guide Reddy Neumann Brown PC
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The employment-based permit process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be and prolonged, but for those seeking permanent residency in the U.S., it is a necessary action to achieving that goal. In this post, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first action in the employment-based green card procedure. The process is created to guarantee that there are no qualified U.S. workers available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized workers in a specific occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of offer the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through various recruitment methods for "able, willing, qualified, and readily available" U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The company can start 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:

- one month task order with the State Workforce Agency serving the location of intended employment