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

The employment-based permit process is a multi-step process that allows foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is an important step to attaining that goal. In this post, 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 generally the primary step in the employment-based permit process. The procedure is designed to ensure that there are no qualified U.S. workers available for the position which the foreign worker will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized employees in a specific occupation in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job tasks, 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 must a minimum of provide the permanent position at. It is also the rate that needs to 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 regulations need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for “able, willing, qualified, and offered” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a newspaper of basic flow in the area of designated work, employment most proper to the profession and most likely to bring responses from able, willing, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive service days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The employer must select 3 of the following:

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

During the recruitment process, employment the employer might be reviewing resumes and performing interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, including the variety of U.S. employees who obtained the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient’s top priority date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the type of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results accomplished, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the specific lawful job-related factors for such rejections.

If an audit is released on a case, employment 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 get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers readily available for the position and that the recipient will not adversely affect the earnings 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference category and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is present.

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

1. Evidence that the wage paid to the beneficiary is equivalent 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 (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net possessions amount to or greater than the proffered wage (yearly report, tax return, or audited monetary statement).

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

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

After the I-140 petition is submitted, USCIS will evaluate it and may ask for extra info or documentation by releasing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an offered green card. The real green card application can just be filed if the recipient’s priority date is current, suggesting a permit is right away readily available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has appeared to an applicant based upon their preference category, nation of birth, and employment top priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be released each year. That limit is presently 140,000. This implies that in any given year, the maximum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate production of a green card, employment permission (work authorization) or advance parole document. The beneficiary may be alerted of the date, time, and location for an interview at a USCIS workplace to respond to questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to identify if it meets among the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a consultation for employment the beneficiary’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary 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 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 examine and identify whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card works as evidence of long-term residency in the U.S.