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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the first action in the employment-based green card process. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor employment (DOL). The prevailing wage rate is defined as the average wage paid to likewise employed workers in a particular profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should a minimum of use the permanent position at. It is likewise the rate that must be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

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

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

– 30 day job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a newspaper of general circulation in the location of intended employment, most proper to the occupation and more than likely to bring actions from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the task website for a period of 10 consecutive service days.

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

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

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released 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 submitted establishes the beneficiary’s top priority date and identifies his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, employment the DOL executes a quality control procedure in the kind of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if suitable, the variety of U.S. applicants declined, summed up by the specific legal occupational reasons for such rejections.

If an audit is released 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees readily available for the position which the beneficiary will not adversely impact the salaries and working of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and employment proof of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the company needs to also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

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

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories may not need an approved 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 examine it and may request additional details or paperwork by issuing an Ask for Evidence (RFE).

Step 3: employment Green Card Application

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

Monthly, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and indicates when a permit has ended up being readily available to an applicant based on their preference classification, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s concern 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 presently 140,000. This implies that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes applying for the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This details will be used to perform required security checks and for eventual development of a permit, work permission (work authorization) or advance parole document. The beneficiary might be alerted of the date, time, and place 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 examine the recipient’s case to figure out if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes a visit for the recipient’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary 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 examine and identify whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The permit serves as evidence of permanent residency in the U.S.