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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 permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those looking for irreversible residency in the U.S., it is a vital action to achieving that goal. In this post, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based green card process. The process is developed to make sure that there are no certified U.S. employees readily available for the position and that the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used employees in a particular profession in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of desired work, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least offer the long-term position at. It is likewise the rate that should be paid to the staff member 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 company to test the U.S. labor market through different recruitment methods for “able, prepared, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 30 day task order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print ads in a newspaper of basic flow in the area of intended employment, the majority of appropriate to the occupation and more than likely to bring reactions from able, ready, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 successive organization days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer must pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be reviewing resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no qualified 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 develops the beneficiary’s top priority date and identifies his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to ensure compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements 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 carried out and the results attained, the variety of hires, and, if appropriate, the number of U.S. candidates rejected, summed up by the specific legal occupational reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are included 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 approved PERM/Labor Certification confirms that there are no qualified U.S. employees readily available for the position and that the beneficiary will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to file 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 upon the choice category and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the employer needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 methods 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 higher than the proffered wage (annual report, income 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 declaration).

In addition, it is at this stage that the employer 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 qualifications.

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 authorized 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 filed, USCIS will examine it and may ask for extra details or documents by issuing 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 permit. The actual permit application can just be submitted if the beneficiary’s concern date is current, implying a green card is right away offered to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has actually ended up being available to a candidate based upon their preference category, nation of birth, and concern date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is presently 140,000. This suggests 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 concern date is present, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate development of a green card, employment permission (work authorization) or advance parole file. The beneficiary might be informed of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves looking for referall.us the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a visit for the recipient’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient 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 green card. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The permit works as evidence of permanent residency in the U.S.