Essential to obtaining approval of a PERM labor certification is proving that hiring an alien employee will not adversely affect the working conditions or wages of U. In order to demonstrate this, a petitioning employer is required to provide the alien employee a level of minimum compensation, which is known as the prevailing wage for the job.
Who Sets Prevailing Wages? NPWC collects data on all jobs in all industries in all regions of the U. Although NPWC makes the final determination on prevailing wage, an experienced attorney can usually make a preliminary determination based on the job position, requirements, and employment setting.
Employers should note, however, that it is not unheard-of to wait several weeks for a prevailing wage determination. How is a Prevailing Wage Determination Made? NPWC matches the specific job offered with both the geographic region it is located and the skill level it requires as determined by educational background, work experience, and level of supervision associated with the job. For additional information on Job Zones, click here and here.
If priority date is current when the PERM is approved, we may be able to move to next step immediately and file the I application together with the I If, after approval of the I immigrant visa petition, priority date is not within 3 months of current on the most recent visa bulletin, we can offer monitoring services.
Monitoring includes help to review visa eligibility in the appropriate category each month, monitoring legislation and regulatory developments at DOL and USCIS, gather basic information and documents to assess adjustment of status eligibility and being available to answer questions through the waiting period.
I is a personal green card application filed by the employee named in I petition and by her derivative family members spouse and children. As long as priority date remains current, it can be filed after I approval or at the same time as the I The work and travel card usually arrives in months after filing.
At that point, an employee no longer needs her H-1B, though she may continue to use the H-1B until the green card is approved. Applicant is likely to receive a biometrics appointment notice about months after we file the paperwork.
About 12 months after filing the paperwork, we will receive an interview notice. At the time of the interview employee needs to confirm that job offer is still available for him, produce all the original civil documents, immigration status documents H1B approvals, visa stamps, SEVIS documents and previously completed medical exam on form I in a closed envelope.
We will prepare applicant for the interview and in might accompany her if this is necessary. Green card usually approved from 2 week to 2 months after the interview. On rare occasions, when Visa Bulletin retrogresses, and visa number is no longer available, after the successful interview I will be sent to National Benefits Center.
Step 3: Conduct recruitment After receiving the prevailing wage determination, the advertisements will be placed to test the labor market. The idea was to streamline what had been an extremely complicated process, as well as reduce the overall time needed to obtain an approved LC. As a result, the processing times for LCs extremely long, because DOL and the state agencies did not have the resources to process each LC in a timely manner. Government processing of LCs was taking a couple of years.
Under the PERM program, the employer is required to complete all recruitment without any involvement by the DOL, except the prevailing wage determination mentioned below. After completing the recruitment process, the employer submits a form listing its recruitment steps and attesting that it found no qualified U.
That means that it reviews the employer's recruitment process and at times requests the resumes of people who applied for the position. In one exception to the usual process of the employer handling the recruitment on its own, DOL sometimes requires employers to go through what is called Supervised Recruitment.
It resembles the former state-driven process and involves DOL instructing the employer when and where to advertise and then serving as the intermediary to receive resumes of candidates. In order to understand the time it will likely take to obtain an LC, let's look at each of the steps in the PERM process and how long each step will likely take by itself. In the initial step, the employer must develop the job description and minimum requirements, decide the recruitment steps, and address any potential issues.
This can be more complex than it might sound. This initial step usually takes employers a month or two. Once the initial planning step is complete, employers will typically request a prevailing wage determination PWD from DOL. As of , processing of PWDs takes about four months. As of early , there were still some technical glitches. DOL is aware of many of the problems with the site and continues to work to resolve them.
It is usually beneficial for employers to wait for the PWD and resolve any wage issues prior to beginning recruitment, but it is not required. If the LC must be filed as soon as possible, the employer can move forward with the recruitment process before the DOL completes the determination.
Once the employer begins recruitment, it has between 60 and days to file the LC.
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