While the PWD can be processed during the recruiting period, it is often advisable to obtain the determination prior to starting recruitment. Wage determinations take approximately five months, as of this writing. This establishes the appropriate minimum wage level required for the position. In order to file the PERM application, it is necessary to obtain a prevailing wage determination (PWD) from the DOL. Benefits of Obtaining Prevailing Wage Before Recruitment This can cause delays while efforts are made to obtain sufficiently detailed experience letters from prior employers, educational documents, and evaluations of foreign educational credentials. Thus, the length of time required to complete this portion of a case depends in part upon the employer’s availability.Ī separate aspect of the analysis of the job definition is the determination of whether the sponsored employee will be able to document that s/he meets the employer’s education and/or experience requirements. There is a high level of employer participation at this stage. In such a situation, it could take a number of days or even longer to finalize this initial part of a case. This means that the requested education and/or experience must reflect the employer’s absolute minimum qualifications for the job to be performed in a competent (not superior) way.Īn employer may never have considered these matters in the detail or in the same manner as the DOL prior to commencing a PERM case. The requirements set by the employer for the position must meet the DOL’s “actual minimum requirements” rule. The sponsoring employer must set forth clearly defined job duties and educational and/or experience requirements needed to qualify for the position. These regulations must be carefully adhered to, as cases can be denied for issues that, to the average employer, may seem to be minor technicalities. There are specific regulations governing the content of the job description, as well as the job requirements or qualifications. The starting point in the PERM LC process is establishing the duties and requirements for the position that forms the basis of the PERM case. Minimum Requirements and Duties for Offered Position These highly detailed requirements must completely be met before the case can be filed with the DOL. As explained in greater detail below, employers must complete certain detailed steps pertaining to efforts to recruit U.S. Background: Typical Filing Timeline of Several Monthsįrom the start of the case to filing the PERM LC application, form ETA 9089, the PERM process usually takes seven to eight months. permanent residents to understand the steps and timing involved from case initiation to the final determination or decision made by the U.S. This two-part article will help those who aspire to become U.S. Our readers may be less familiar, however, with the steps that must be taken, and the timing requirements of each of those steps, in preparing a PERM LC for filing, as well as the timeframe for obtaining a decision once the case has been filed. Most MurthyDotCom readers know that the PERM labor certification (LC) is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |