The PERM process is where a business looks to fill an open position at its company with an employee who is not a U.S. citizen or legal permanent resident. There are many steps to this process:
- Prevailing Wage Determination (PWD) - The first step in the PERM process is to submit a PWD with the Department of Labor (DOL). The DOL will issue a PWD based on the position that the business is trying to fill and the qualifications that are necessary for the position. The wage that is given from the DOL must be used to recruit and eventually hire any employee in order to qualify for the PERM application.
- The Recruitment Process - The second step in the PERM process is the recruitment process in which the company will try to fill the position with a U.S. worker first. The requirements for the recruitment process depend on the type of position that is trying to be filled and the qualifications that are necessary for the position. Porter Legal Group will work with your business to ensure that you are following all the DOL requirements and will help you keep record of all candidates that apply and are interviewed.
- The Labor Certification - The third step in the PERM process is to apply with the DOL to obtain the labor certification. There are many key details that need to be included in the labor certification application, and Porter Legal Group can assist your business with this application.
- Business Petition for Foreign Worker with USCIS - The fourth step in the process is to apply with USCIS for a foreign worker. At this point in the process, the business has identified the specific worker they wish to hire. Porter Legal Group can assist your business with this application to ensure that all required documentation is included with your application.
- Green Card Application - This is the last step in the process where the foreign worker is able to apply for their green card. There are priority dates that can affect when the foreign worker is able to apply for their green card. The website for priority dates can be found here: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. The green card application will be submitted with USCIS or the NVC, depending on where the foreign worker intends to adjust their status. Porter Legal Group can assist you with your adjustment of status application and can advise on where to apply and when you would be able to apply!
There are many issues that can arise along the way during the PERM process. It is a very long and complicated process, but Porter Legal Group can assist your business and the foreign worker throughout the entire process. Contact us today for your consultation!