The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, but for those looking for permanent residency in the U.S., it is a necessary step to accomplishing that goal. 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 normally the initial step in the employment-based green card process. The process is created to make sure that there are no certified U.S. workers available for the position which the foreign employee will not adversely impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed workers in a specific occupation in the location of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must at least provide the irreversible position at. It is also the rate that must 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 check the U.S. labor market through numerous recruitment techniques for “able, ready, qualified, and offered” U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment procedure. 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 occupation, need the following recruitment efforts:

- 1 month job order with the State Workforce Agency serving the area of desired employment