New Updates to PERM Green Card Process: What You Need to Know
Table of Contents
- Introduction
- Overview of the Employer-Sponsored Green Card Process
- Changes to the Employer-Sponsored Green Card Process
- Filing a Prevailing Wage Determination
- The Recruitment Process
- Filing the PERM Application
- The New Form 9089
- Changes to the PERM Application
- Implications of the Changes
- Conclusion
📜 Introduction
In this article, we will discuss the recent changes to the employer-sponsored green card process, also known as the PERM process. This process is important for both individuals who are interested in obtaining an employer-sponsored green card and employers who wish to sponsor someone for a green card. We will provide an overview of the process and explain the key changes that have been implemented. By the end of this article, you will have a better understanding of the new requirements and how they may impact your application.
📚 Overview of the Employer-Sponsored Green Card Process
The employer-sponsored green card process involves several steps, and it is essential to be familiar with each of them. First and foremost, the employer must file a prevailing wage determination. This involves providing details about the job title, duties, experience requirements, job location, and other relevant information. The Department of Labor will then determine the prevailing wage that must be paid to the sponsored foreign worker.
🔄 Changes to the Employer-Sponsored Green Card Process
Recently, the Department of Labor announced significant changes to the employer-sponsored green card process. One of the most notable changes is that the PERM application, also known as the ETA form 9089, is now being submitted through the FLAG system. Previously, the PERM application was filed separately in a different system. This change is important to note as it affects how the application is processed and filed.
💡 Filing a Prevailing Wage Determination
The first step in the employer-sponsored green card process is to file a prevailing wage determination. The employer must provide detailed information about the job position, including the title, duties, experience requirements, and location. This information is submitted through the FLAG system, an online portal specifically designed for this purpose. After several months, the Department of Labor will provide the employer with a prevailing wage associated with the position.
🔎 The Recruitment Process
Once the prevailing wage determination is obtained, the employer is required to undertake a recruitment process to demonstrate that they have made efforts to hire a US worker but were unsuccessful. This is an essential step in the green card process and involves various recruitment methods, such as advertising the job position and conducting interviews. The employer must document their recruitment efforts and provide evidence to support their claim that no qualified US worker could be found.
📄 Filing the PERM Application
After completing the recruitment process, the employer can file the PERM application, also known as the ETA form 9089. This application is submitted through the FLAG system, along with all the necessary supporting documentation. The PERM application requires the employer to provide detailed information about the job position, including the job duties, minimum requirements, and qualifications. It is crucial to accurately complete the application to ensure a smooth processing of the green card application.
📝 The New Form 9089
The new form 9089 includes several changes that applicants need to be aware of. Firstly, it asks for the number of employees on payroll in the area of intended employment. This information helps the Department of Labor assess the impact of hiring a foreign employee on the local workforce. Additionally, the form asks about dual representation, specifically whether the employer has contracted with an agent or attorney who also represents the sponsored foreign worker.
✉️ Changes to the PERM Application
The new PERM application form includes specific sections that require additional information and justifications. For example, the form asks about the type of work site where the foreign worker will be employed, whether it is the employer's business premises, private household, or the employee's private residence. Additionally, the form requires the filers to complete an additional appendix and provide a business necessity justification when the job opportunity involves a foreign language requirement or a combination of occupations.
🧩 Implications of the Changes
The changes to the PERM application process may have various implications for both employers and foreign workers. The new requirements and justifications may increase the scrutiny of applications and potentially lead to more audits by the Department of Labor. It is essential for employers to carefully consider the business necessity of any foreign language requirements or combination of occupations and provide proper justifications to avoid delays or denials of their green card applications.
💼 Conclusion
In conclusion, the recent changes to the employer-sponsored green card process, specifically the PERM application, have introduced new requirements and review procedures. It is crucial for both employers and foreign workers to stay informed about these changes and ensure compliance with the updated regulations. By understanding the process and providing accurate and detailed information, applicants can increase their chances of a successful green card application.
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