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One of the most important parts of obtaining a green card through employment and labor certification is the prevailing wage, or the wage that one must intend to pay upon the granting of permanent residence.

A couple of tips:

The job description is very important in a prevailing wage determination. Also determining the role of travel in the job is also very important.

Lately, we have heard that H-1b extensions were denied when the labor certification (PERM) application doesn’t require a Bachelor’s Degree.  Be careful since USCIS may look at the PERM form when deciding a case.

You can file multiple prevailing wage requests for the same job, BUT the labor department says that if the employer receives more than one prevailing wage request for the same job, the employer must use the higher of the wage.

As part of the PERM process, one of the recruitment steps is to show that the company has an employee referral program to find US workers for specific positions.

The employer has to show that there is an existing employee referral program. The labor department wants dates as to when the employee program was established. The employer also has to show that the employee referral program was posted.

August 2011