The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those seeking long-term residency in the U.S., it is a vital step to achieving that goal. In this post, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based green card procedure. The process is developed to make sure that there are no competent U.S. employees readily available for the position which the foreign worker 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 drafting the job description for the sponsored position. Once the task details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized employees in a specific occupation in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of intended work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must a minimum of offer the permanent position at. It is likewise the rate that must be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to check the U.S. labor market through various recruitment techniques for “able, willing, certified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

- thirty days job order with the State Workforce Agency serving the area of designated work