Employment-Based Green Cards: 3 Tips to Help You Master the PERM Process

May 6, 2015 Jamie Gilpin

Sponsoring a foreign national for an employment-based green card is a great way to retain skilled talent. However, for most green card categories (including EB-2 and EB-3), employers are required to complete a rigorous PERM labor certification process. This important step, which must be completed before starting the green card process, helps the U.S. government make sure no U.S. citizens are available to fill the role.

To help you master the PERM process, we’ve identified three must-know tips from The HR’s Guide to Green Cards:

1. Write a thorough job description for the prevailing wage
The first step of the PERM process requires employers to send the foreign national’s job description to the Department of Labor, so they may determine a standard wage the worker must be paid. A DOL inspector will analyze the duties, skills and requirements associated with the job, and respond with its determination as to the appropriate salary for the specified work and location. The job description should:

  • Be devoid of industry jargon
  • Focus on one role, opposed to multiple interdepartmental responsibilities

Note: If the job description is unclear, the DOL inspector may request additional information, causing delays. If the job description is too technical, the inspector may issue the highest wage determination, requiring the HR to increase the salary or rewrite the job description.

2. Post job advertisements in a timely manner
The recruitment portion of the PERM process requires employers to place ads in a variety of job boards so qualified applicants (if any) will find the post. Here’s the job ad breakdown:

  • One job order placed with a state workforce agency
  • Two Sunday advertisements in a newspaper of general circulation in the area of intended employment
  • One internal posting notice
  • Three additional advertisements from a pre-determined list of options

When filing for labor certification, none of the advertisements can be older than 180 days. So it’s best to place the ads concurrently to meet the time requirement.

3. Keep detailed records of job advertisements
Did you know the DOL audits 30% of PERM applications? Be prepared for a possible audit by keeping detailed records of each job ad.

The PERM process is a very important part of the green card application process. Safeguard against PERM issues by contacting Envoy for information on how our proprietary and specialized PERM process can help organize, manage, and monitor all aspects of the certification process. Call us at (855) 840-8046 or visit us at www.envoyglobal.com/about-us/contact/.

 

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