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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based green card process. The procedure is created to guarantee that there are no qualified U.S. employees available for the position which the foreign worker will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise utilized employees in a particular occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should at least use the permanent position at. It is also the rate that must be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through various recruitment approaches for “able, willing, qualified, and offered” U.S. workers. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a paper of general circulation in the area of desired employment, many proper to the profession and probably to bring reactions from able, willing, employment certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a period of 10 successive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer must choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be reviewing resumes and carrying out interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were interviewed, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, employment the employer can submit the PERM application if no certified 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 submitted establishes the beneficiary’s priority date and determines his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the type of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and employment finished work applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results accomplished, the variety of hires, and, if appropriate, the variety of U.S. applicants turned down, summed up by the particular lawful occupational reasons for such rejections.

If an audit is provided 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no competent U.S. employees available for the position which the beneficiary will not negatively affect the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and employment Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is existing.

At the I-140 petition stage, the employer must likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or greater than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions are equivalent 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 company will choose the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the employee’s credentials.

There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications might not require an approved 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 evaluate it and may ask for additional information or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to identify if there is an available green card. The real permit application can only be submitted if the beneficiary’s concern date is existing, suggesting a permit is right away readily available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and employment indicates when a green card has appeared to an applicant based on their preference category, nation 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 green cards that can be provided each year. That limit is currently 140,000. This indicates that in any given year, the optimum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), employment the recipient is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her picture and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for eventual production of a green card, employment permission (work permit) or advance parole file. The beneficiary might be alerted of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to figure out if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The beneficiary 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 recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.