In our previous entry, we talked about some of the less-common methods that you can take to obtain a green card through your employer. In this entry, we will cover by far the most common method, which unfortunately also happens to be the most complicated and lengthy. This process, called the PERM-GC process, is comprised of 3 separate stages. First stage – Labor Certification This process usually takes anywhere between 1.25 – 1.75 years to complete. The first thing that happens in the labor certification is that the job title, which was reported to the Department of Labor, is researched to find out the job duties. The DoL will use their job dictionary, called O’Net, to find out the following information:
The job’s official title, according to the DoL,
The regular requirements of the job, which includes:
Required previous work experience
Required educational background
Any special required language skills
Other additional requirements, like computer skills, or any other required training
The requirements for this particular job cannot exceed what the Department of Labor considers to be “normal” requirements for a job in its field. The only exception to this is if an employer can show that there is a legitimate business need for the increased requirements. This is uncommon, as the burden of proof is rather extreme in this circumstance.
This is a very complex portion of immigration law, so please stay tuned to future entries for more information on the PERM-GC process.