The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is an important step to attaining that objective. In this article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first step in the employment-based green card process. The process is created to ensure that there are no certified U.S. workers available for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise employed employees in a specific occupation in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the company should a minimum of use the permanent position at. It is also the rate that needs to be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to check the U.S. labor market through various recruitment approaches for “able, prepared, qualified, and readily available” U.S. employees. Generally, the employer has 2 options when choosing when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for a professional or non-professional occupation, require the following recruitment efforts:

– thirty days task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic flow in the location of intended employment, most suitable to the occupation and probably to bring responses from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be at the job website for a period of 10 consecutive organization days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company must select 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment companies
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company might be reviewing resumes and carrying out interviews of U.S. workers. The company needs to keep in-depth records of their recruitment efforts, including the number of U.S. employees who requested the position, the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send the PERM application if no competent U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient’s concern date and determines his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the form of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements put and employment Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if appropriate, the number of U.S. applicants declined, summarized by the particular legal job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. employees available for the position and that the beneficiary will not negatively impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the company needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this stage that the employer will pick the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s qualifications.

There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an approved PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and employment might ask for extra information or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an offered green card. The actual green card application can just be filed if the beneficiary’s priority date is present, indicating a permit is immediately offered to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has appeared to a candidate based on their choice classification, country of birth, and top priority date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is currently 140,000. This means that in any given year, the maximum variety of permits that can be provided to employment-based applicants and employment their dependents is 140,000.

Once the beneficiary’s top priority date is current, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes obtaining the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This details will be used to carry out required security checks and for eventual production of a permit, employment permission (work permit) or advance parole file. The recipient might be alerted of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to determine if it satisfies one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a visit for the beneficiary’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to admit the beneficiary into the U.S. If confessed, employment the beneficiary will get the green card in the mail. The green card acts as evidence of irreversible residency in the U.S.