A foreign worker applying for a green card in Nevada must first receive an offer of employment from a U.S. employer. Next, the employer must complete a labor certification, called Program Electronic Review Management (PERM), on behalf of the foreign worker. The foreign worker must obtain this PERM labor certification before the green card application may be submitted.
Obtaining a PERM labor certification is a three-prong process. Click on a step below to learn more about how to get PERM labor certification in Las Vegas, Nevada:
- 1. Getting a prevailing wage request in Nevada
- 2. Demonstrating good faith recruitment in Nevada
- 3. The PERM filing process in Nevada
The first step to procure PERM labor certification is for the Nevada employer to make a prevailing wage request with the Department of Labor (DOL). This request to determine a prevailing wage must include information related to the job requirements, job duties, and the worksite’s geographic location.
Using this information, the DOL is able to provide the employer with a prevailing wage determination (PWD). This PWD comprises the average wage given the specific type of employment and its location. The PWD is an important step within the PERM process because immigration law demands employers to pay a foreign worker no less than the prevailing wage for that type of work.
The next step in the PERM process is for the Nevada employer to demonstrate that it administered a good faith recruitment process in the form of job advertisements. This recruitment is meant to prove that there are no willing, able, and qualified U.S. workers interested in the position.
Generally, there are three required types of job advertisements that employers have to make before completing a PERM certification:
- One advertisement must be with the Nevada Department of Employment, Training and Rehabilitation
- Another advertisement must be with a major newspaper that is of general circulation in the area of the purported employment, such as the Las Vegas Review-Journal. This advertisement must run on two different Sundays; and
- Three additional advertisements, and the employer must post a notice of the job opening at the current worksite location.
Ideally, the employer should publish these advertisements at the same time. This is true, in part, because the law states that all of the advertisements must be less than 180 days old at the time of filing the PERM application. In a case where one or more of the advertisements falls outside of the 180-day timeframe, the advertisement(s) will not be considered and the employer must place additional advertising before filing the PERM application.
Once the advertisement quota has been reached, the employer is eligible to file the PERM application with the DOL. This application requires that the employer disclose information related to the job, the recruitment process, and the foreign worker. Once the employer files the PERM application, the DOL will take several months to notify the employer that it has either:
- approved the PERM;
- denied the PERM; or
- audited the PERM.
If the application receives an audit, the DOL will likely request additional evidence. After receiving the information from the employer, the DOL will review the updated documentation and subsequently approve or deny the PERM application. If the PERM application has been approved, the employer may move along with the green card application process by filing an I-140 form on behalf of the foreign worker.
Once a foreigner has a green card in Nevada, he/she may eventually be eligible for U.S. citizenship. Learn more about applying for naturalization (citizenship).
Need an immigration attorney in Nevada?
If you need PERM labor certification for a green card in Nevada, contact our Las Vegas immigration attorneys. We will explain the law and guide you through the green card application process. Call us to schedule a strategy session.