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

The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, but for those looking for irreversible residency in the U.S., it is an important action to accomplishing that objective. In this article, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based green card procedure. The process is developed to ensure that there are no certified U.S. employees available for the position which the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task 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 typical wage paid to likewise utilized workers in a particular profession in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer need to a minimum of offer the irreversible position at. It is also the rate that needs to be paid to the employee 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 test the U.S. labor market through different recruitment approaches for “able, willing, qualified, and offered” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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 desired work;
– Two Sunday print ads in a newspaper of general blood circulation in the area of intended work, many appropriate to the profession and probably to bring reactions from able, prepared, qualified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive service days.

In addition to the obligatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the company may be reviewing resumes and carrying out interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can submit the PERM application if no competent U.S. workers were discovered. 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 identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the type of audits to ensure compliance with all PERM policies. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results accomplished, the variety of hires, and, if appropriate, referall.us the variety of U.S. candidates turned down, summarized by the specific legal job-related reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. employees offered for the position which the beneficiary will not negatively affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the employer needs to also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate capability to pay:

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

In addition, it is at this phase that the company will pick the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require an authorized PERM application or I-140 petition.) The classifications 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 review it and may ask for additional info or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to if there is an offered permit. The actual green card application can only be submitted if the recipient’s top priority date is present, suggesting a green card is immediately offered to the recipient.

Every month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and indicates when a permit has ended up being offered to an applicant based on their choice category, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be released each year. That limit is presently 140,000. This means that in any given year, the optimum number of green cards that can be released to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top priority date is existing, he/she will either go through change of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This information will be used to perform necessary security checks and for ultimate creation of a green card, employment authorization (work license) or advance parole file. The beneficiary may be notified of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a consultation for the beneficiary’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card acts as evidence of permanent residency in the U.S.