Do all the steps in PERM process apply if you were hired and applied for PERM

[vasaiboy]

Hi All, So my wife got a job recently. The employer is ready to do H1-B and GC. My concern is that, would employer have to go through the PWD and Advertisment phase again, as they just did it while hiring here. They are going to file for GC once H1-B is approved. They reason I am asking is she has only 1.5 years left on her H1-b, Ending in Dec 2019.

[FrancisJacobGreene]

Hi All, So my wife got a job recently. The employer is ready to do H1-B and GC. My concern is that, would employer have to go through the PWD and Advertisment phase again, as they just did it while hiring here. They are going to file for GC once H1-B is approved. They reason I am asking is she has only 1.5 years left on her H1-b, Ending in Dec 2019.

Your wife's employer is probably going to be required to conduct recruitment that is specifically for her PERM application. In theory, it's possible to coordinate "real" recruitment so that it could be used for PERM, but in reality, companies are unlikely to do that. PERM recruitment tends to be written in a overly legalistic way, so much so that a real job seeker might be turned off from applying to the job altogether. Companies' "real" job postings look way different from PERM ads. There are usually elements in a "real" job posting that would not be allowed in a PERM ad. A corporate recruiting department is tasked with locating qualified job seekers, while the focus behind the PERM process is to recruit for, but not find, a qualified job seeker. These are contradictory goals, which is why a lot of companies don't get their actual recruiters involved with PERM. A company is not required to obtain a prevailing wage determination (PWD) for a real hiring situation, and I can't think of a reason why they would have requested a PWD during the recruitment process that resulted in your wife being hired, so submitting a PWD is going to be necessary.