The Perm Process is a critical step in your EB3 Visa Application that requires diligence and expertise for success.
Your sponsoring employer must first complete a preliminary process to comply with the U.S. Department of Labor (DOL)before you can apply for an EB3 Visa. DOL must approve their PERM Process or Labor Certification (LC) before they can make a qualifying offer of employment to foreign nationals.
The PERM process certifies that there are not any qualified US workers throughout the established area of employment. The goal is to prevent employers from using the immigration system to replace American workers with foreign labor. The experts at Dynaxe, alongside our partner immigration attorneys, help guide your employer sponsor through these steps on your behalf.
Prevailing Wage Determination
The initial stage of the PERM process involves your employer sponsor obtaining a Prevailing Wage Determination (PWD) from DOL. Employers submit PWD Form ETA-914 online to ensure that employers will pay their employees the minimum wage for that particular job and are financially able to do so. Furthermore, the PWD proves hiring a foreign national will not adversely impact other U.S. workers.
DOL defines prevailing wage as “the average wage paid to similarly employed workers in a specific occupation in the area of intended employment”. DOL will take several factors into account when determining the prevailing wage for your position. They will evaluate the duties, skills and requirements associated with the job, and determine the appropriate salary for the specified work and location.
The recruitment process is an essential PERM process step because it tests the labor market to prove there are no authorized and qualified U.S. workers available for the job an employer is trying to hire a foreign national to fill. DOL outlines these recruiting steps. The following are the basic recruitment steps for EB-3 Unskilled:
-Open a 30-day job order with the State Workforce Agency
-Place two newspaper advertisements on two different Sundays
-Post a PERM Notice of Filing the geographic area of business for 10 consecutive business days
– 30-day “cool off period” during which time it must post no job notices
Filing Labor Certification
Your employer sponsor completes their PERM Process by filing Form ETA 9089 with USCIS. They will be required to disclose business information as well as information about you, the PWD, and Recruitment. The DOL will process the application and adjudicate after several months. An approved PERM process means that the DOL confirms that no qualified U.S. applicants are able and available for the job position and that hiring an alien employee will not impact the working conditions and wages of U.S. employees.
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