If an employer has a layoff within the 6 months prior to filing a PERM application, they may need to notify and consider the laid off U.S. workers for the PERM position.
A PERM application can be certified, denied or audited. There are certain situations that make it more likely that a PERM will be audited, such as having a foreign language requirement.
The blog provides a comprehensive guide to the PERM process for employers to sponsor foreign nationals for a green card, including requirements and key factors.
To utilize experience you gained with the sponsoring employer for the PERM job requirements, you must show that you gained the experience in a job that is not substantially comparable to the PERM job.
El EB-3 es una categoría versátil que puede ser utilizada por profesionales, trabajadores cualificados y trabajadores no cualificados. Por definición, "trabajador no cualificado" es un puesto que requiere menos de 2 años de formación o educación para realizar el trabajo.
This issue may still be open to litigation since it is not always clear whether housing provided by an employer is a typically expected benefit like wages, health insurance and vacation days.
Employers who sponsor foreign nationals for a green card through the PERM process are required to pay the prevailing wage (or higher) as determined by a Prevailing Wage Determination.
Foreign workers can get green cards under the EB-3 skilled workers category for jobs that require at least 2 years of job experience, education or training.
Foreign workers who are being sponsored for green cards through the PERM process must produce proof of qualifications, such as employer experience letters, at the I-140 stage of the process.
PERM is a multistep process that employers can use to sponsor foreign workers. Human resources professionals should work closely with immigration attorneys to ensure a smooth PERM process.
Generally, for an Eb-2 and Eb-3 green card petitions, the employer cannot just file a green card petition with USCIS, but will first have to get an approved PERM Labor Certification from the Department of Labor.
The US company must be willing to pay a prevailing wage to the foreign worker and must obtain a prevailing wage determination as part of the PERM process.
If your current job and the PERM job are substantially comparable, then the employer cannot require more experience than you had at the time of initial hiring.
Department of Labor Changes to the H-1B, E-3, and H-1B1 Programs Effective October 8, 2020, The Department of Labor will raise the nonimmigrant H-1B, E-3, and H-1B1 prevailing wage requirements and wages for the PERM labor certification program. The exact…
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