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 process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is a vital action to achieving that objective. In this article, we will go through the actions of the employment-based permit procedure 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 guarantee that there are no competent U.S. employees readily available for the position and job that the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the job description for the sponsored position. Once the job details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized employees in a particular occupation in the location of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer should at least offer the permanent position at. It is also the rate that must 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 employer to check the U.S. labor market through numerous recruitment techniques for “able, willing, qualified, and available” U.S. employees. Generally, job the company has 2 options when choosing when to start the recruitment process. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for an expert 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 ads in a paper of basic flow in the area of intended employment, job the majority of suitable to the profession and more than likely to bring responses from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive business days.

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

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company might be examining resumes and performing interviews of U.S. . The employer must keep detailed records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit the PERM application if no certified 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 filed establishes the recipient’s concern date and identifies his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control procedure in the kind of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed work 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 declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is released on a case, job 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 employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees offered for the position and that the recipient will not negatively impact 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 step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the employer must likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income is equal to or job greater than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net assets are equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the company will choose the employment-based choice 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 qualifications.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require 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 review it and might ask for additional details or documents by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is a readily available green card. The real green card application can just be submitted if the recipient’s concern date is current, meaning a permit is instantly readily available to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has actually appeared to an applicant based on their choice category, country of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, job Congress set a limit on the variety of permits that can be released each year. That limit is presently 140,000. This suggests that in any given year, the maximum number of permits that can be provided to employment-based candidates 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 receive the green card.

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This information will be used to conduct required security checks and for ultimate development of a permit, work authorization (work license) or advance parole document. The beneficiary might 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 authorities will evaluate the beneficiary’s case to determine if it satisfies one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the beneficiary’s interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is given 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.