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

The employment-based permit process is a multi-step procedure that allows foreign nationals to live and employment work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking irreversible residency in the U.S., it is an essential step to achieving that objective. In this article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor employment Certification process is generally the first action in the employment-based permit process. The procedure is designed to make sure that there are no qualified U.S. employees offered for the position and that the foreign worker will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the job description for the sponsored position. Once the job information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used employees in a specific occupation in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of use the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, prepared, certified, and offered” U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– thirty days job order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the area of intended employment, a lot of suitable to the profession and probably to bring actions from able, ready, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive company days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The company must choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be evaluating resumes and performing interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were interviewed, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, employment the company can send the PERM application if no qualified U.S. workers 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 beneficiary’s priority date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the results attained, the variety of hires, and, if relevant, the variety of U.S. applicants rejected, summed up by the specific legal occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position which the recipient will not adversely impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is current.

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

1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions are equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the worker’s credentials.

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

– 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 may ask for additional details or paperwork by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available permit. The actual permit application can just be filed if the recipient’s concern date is present, suggesting a permit is instantly readily available to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a green card has actually ended up being readily available to a candidate based on their choice classification, country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limitation is presently 140,000. This means that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is present, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for ultimate production of a permit, work authorization (work authorization) or advance parole document. The beneficiary might be 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 review the beneficiary’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the recipient’s home country. The consular office sets up a consultation for the recipient’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. 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 inspect and identify whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the permit in the mail. The permit functions as evidence of long-term residency in the U.S.