How Layoffs Affect the PERM Labor Certification Process The PERM Labor Certification is the first step in many employment-based green card cases, including those in the EB-2 and EB-3 categories.…
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In the context of U.S. employment-based immigration, PWD stands for Prevailing Wage Determination. This is a critical step in the green card process, particularly for EB-2 and EB-3 visa categories…
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Fully remote companies can sponsor employees through PERM but will face strategic challenges in the PERM process.
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PERM recruitment differs from how employers normally conduct recruitment in several important ways.
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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…
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This blog provides tips for employers drafting the job description and minimum requirements for a PERM application.
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Promotions, raises and/or location transfers can impact the PERM process and may require the employer to redo parts of the process.
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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…
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This blog explains the timelines & important considerations in the PERM process for obtaining US permanent residency via EB-2 and EB-3 category.
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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.
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If a prior employer will not provide a detailed letter of experience to a PERM applicant, the applicant must look for alternate proof.
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Q&A for some commonly asked questions about being in the United States on Visa Waiver status with ESTA.
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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…
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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…
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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…
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The rule of thumb is that any unusual economic benefit should be listed in the PERM recruitment.
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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.
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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.
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Foreign workers can get green cards under the EB-3 unskilled workers category for jobs that require less than 2 years of experience or training.
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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.
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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.
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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…
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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.
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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.
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The US company should file the I-140 petition within 180 day period after the Labor Certification was certified.
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