The employment-based permit procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is a necessary step to accomplishing that objective. In this article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based permit process. The procedure is designed to ensure that there are no certified U.S. workers offered for the position and that the foreign employee will not adversely affect the incomes 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 details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly utilized workers in a specific occupation in the area of desired employment. The DOL concerns 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 company must a minimum of use 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 dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to evaluate the U.S. labor market through various recruitment approaches for “able, ready, certified, and offered” U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

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