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

The employment-based green card procedure is a multi-step that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is an essential action to accomplishing that goal. In this post, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit procedure. The procedure is created to guarantee that there are no qualified U.S. employees readily 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 company begins the PERM procedure by preparing the job description for the sponsored position. Once the job details are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly employed employees in a specific occupation in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the area of designated work, travel requirements (if any), among other things. The prevailing wage is the rate the company should a minimum of offer the permanent position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and available” U.S. employees. Generally, the employer has 2 choices when choosing when to begin the recruitment procedure. The company can begin 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 occupation, require the following recruitment efforts:

– 30 day task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of general circulation in the location of designated work, most appropriate to the profession and more than likely to bring actions from able, ready, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive company days.

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

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be examining resumes and carrying out interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who made an application for the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no certified 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 recipient’s top priority date and determines his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control process in the kind of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes accomplished, the variety of hires, and, if relevant, the number of U.S. candidates turned down, summarized by the particular legal occupational factors 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers offered for the position which the beneficiary will not adversely impact the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

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 submitted to the time the green card is provided. There are 3 methods to demonstrate ability to pay:

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

In addition, it is at this stage that the company will select the employment-based preference classification 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 a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require 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 evaluate it and may request additional information or documents by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

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

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a green card has actually become available to an applicant based upon their choice category, country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be provided each year. That limit is presently 140,000. This implies that in any given year, the maximum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority date is present, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This information will be used to conduct necessary security checks and for ultimate creation of a permit, employment authorization (work license) or advance parole document. The recipient might be informed of the date, time, and place for an interview at a USCIS office to answer questions under oath or referall.us affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to figure out if it satisfies one of the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the recipient’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is offered 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 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 examine and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit acts as evidence of irreversible residency in the U.S.