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

The employment-based green card procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking long-term 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 information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based green card process. The process is designed to make sure that there are no competent U.S. employees available for the position which the foreign worker will not adversely affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized workers in a particular occupation in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer need to a minimum of provide the permanent position at. It is also the rate that needs to be paid to the employee once the green card is received. Current processing times for prevailing 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 different recruitment techniques for “able, ready, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The company can begin marketing (1) while the dominating wage application is or (2) after the PWD is issued.

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 desired work;
– Two Sunday print ads in a newspaper of basic circulation in the area of intended employment, many proper to the occupation and more than likely to bring actions from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be published at the job website for a period of 10 consecutive service days.

In addition to the mandatory recruitment discussed above, the DOL requires 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 company
– Private work firms
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the employer might be examining resumes and performing interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who used for the position, employment the number who were talked to, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, 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 establishes the beneficiary’s concern date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the form of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and employment completed work applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if applicable, the number of U.S. candidates declined, summed up by the specific lawful occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees available for the position which the recipient will not adversely impact the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.

At the I-140 petition phase, the employer needs to also 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 provided. There are 3 methods to demonstrate ability 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 greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net possessions are equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary declaration).

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

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories may not require 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: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might request extra details or documents by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to identify if there is a readily available green card. The real permit application can only be submitted if the beneficiary’s priority date is current, meaning a permit is immediately readily available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and suggests when a green card has appeared to an applicant based on their choice classification, country of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limitation is currently 140,000. This means that in any given year, the optimum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This info will be used to carry out required security checks and for employment eventual production of a permit, employment authorization (work permit) or advance parole document. The recipient may be informed of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate 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 includes making an application for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, employment the recipient 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 inspect and identify whether to confess the recipient into the U.S. If admitted, the recipient will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.