PERM PROCESS & EMPLOYMENT BASED GREEN CARDS
The PERM process is one of the ways a foreign worker can obtain lawful permanent residence (a green card) in the United States.
The first step in the process is for you to obtain a job offer from a U.S. employer. Your employer will be completing a labor certification through PERM on your behalf. The Labor Certification is necessary before you apply for an immigrant visa.
Prevailing Wage Determination (PWD) Request
The prevailing wage request provides the DOL with information about the position your employer is seeking to fill. Information includes job requirements, job duties, and the worksite location. The DOL uses this information to issue the employer a PWD, i.e. the prevailing wage for the specific job position in the specific worksite location. The U.S. requires employers pay foreign workers at least the prevailing wage for the worker’s position.
Your employer must conduct a “good faith” recruitment of willing and qualified U.S. workers. There are three mandatory advertisements.
1, Your employer must place an advertisement with the state workforce agency in the state of intended employment.
2. & 3. Your employer must place newspaper advertisements on two different Sundays. The newspaper must be the major newspaper of general circulation in the area of intended employment.
Additionally, your employer must also place three other advertisements and post a notice of the job opportunity at the worksite location.
Time periods for the recruiting is also critical. There must be a 30 day “quiet” period where the Employer actually reviews resumes and conducts interviews with potential U.S. workers. If there is one willing and qualified U.S. worker, the Labor Certification will not be approved.