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 work permanently in the U.S. The procedure can be made complex and lengthy, however for those seeking permanent residency in the U.S., it is a vital action to accomplishing that goal. In this short 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 procedure is usually the initial step in the employment-based green card process. The process is developed to guarantee that there are no qualified U.S. employees available for the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor employment (DOL). The dominating wage rate is defined as the average wage paid to likewise used workers in a specific occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to at least provide the long-term position at. It is also the rate that must be paid to the worker once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The company can start 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, need the following recruitment efforts:

– one month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of intended employment, most suitable to the occupation and probably to bring actions from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 successive company days.

In addition to the necessary recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The employer must select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– 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 conducting interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were spoken with, and the factors why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send 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 develops the beneficiary’s concern date and figures out his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the kind of audits to guarantee compliance with all PERM policies. In the occasion of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the particular legal job-related reasons for such rejections.

If an audit is released 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 company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position which the recipient will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is current.

At the I-140 petition phase, the employer must also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to show ability to pay:

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

In addition, it is at this phase that the employer will select the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’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 might 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 review it and might ask for extra details or employment documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to figure out if there is an offered green card. The actual permit application can just be filed if the recipient’s priority date is present, implying a green card is immediately readily available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, employment which sums up the accessibility of immigrant visa (permit) numbers and suggests when a permit has become available to an applicant based upon their choice classification, country of birth, and priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes requesting the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This information will be used to perform necessary security checks and for ultimate development of a green card, employment permission (work authorization) or advance parole file. The beneficiary might be notified of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes an appointment for the beneficiary’s interview when his/her concern date becomes existing. 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 permit. The recipient 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 employment figure out whether to admit the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The permit works as evidence of in the U.S.