I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related issues based in Arlington, Virginia.
policies produce long delays to sponsor high-skilled immigrants and contribute to a dysfunctional immigration system. Critics say the Department of Labor’s policies have produced long and costly delays to sponsor immigrants for permanent residence and contributed to dysfunction in America’s immigration system. To obtain an employment-based green card, an employer must obtain a prevailing wage and, in most cases, use advertising to show no qualified U.S.
Second, before filing a PERM application, employers must obtain a Prevailing Wage Determination from the DOL’s National Prevailing Wage Center. The prevailing wage is the average wage paid to similarly employed workers in the area of intended employment. The employer must offer the foreign worker at least the prevailing wage rate for the sponsored position.
Fifth, after the PERM application is submitted, the DOL reviews it to determine whether the employer meets all PERM requirements. The DOL either approves, denies or requires a PERM audit.Increased PERM processing times have burdened employers and foreign nationals. A significant portion of PERM beneficiaries are H-1B professionals. H-1B status can only be extended beyond the six-year limit if the green card process has started.
An employer must still obtain a prevailing wage determination, but they will not have to wait 13 months or more for labor certification. That would allow foreign nationals to obtain an approved I-140 faster to lock in their priority date and utilize the approved I-140 to extend their H-1B status beyond the six-year limit.
Immigration DOL PERM Program PERM Problems Per-Country Limit Employment-Based Immigrants Labor Department PERM Program Delays In Perm Processing Department Of Labor H-1B Visas
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