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

The employment-based green card process 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 looking for long-term residency in the U.S., it is a vital step to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first step in the employment-based green card process. The procedure is designed to ensure that there are no qualified U.S. employees offered for the position and that the foreign employee will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized employees in a specific profession in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of desired work, travel requirements (if any), job amongst other things. The dominating wage is the rate the employer should at least offer the irreversible position at. It is likewise 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 company to test the U.S. labor market through different recruitment techniques for “able, prepared, certified, and available” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 30 day task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a paper of basic blood circulation in the location of intended work, most suitable to the occupation and probably to bring reactions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive service days.

In addition to the obligatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The company must choose 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the number of U.S. workers who got the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no certified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s priority date and determines his/her place in line in the green card visa line.

Respond 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 carries out a quality control process in the form of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes attained, the number of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the specific lawful occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed 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 authorized PERM/Labor Certification confirms that there are no qualified U.S. employees offered for the position and that the beneficiary will not adversely 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the choice category and nation of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is current.

At the I-140 petition stage, the company should 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 released. There are 3 ways to show capability to pay:

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

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not need an authorized PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of .
– 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 documentation by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to identify if there is an available permit. The real green card application can just be filed if the beneficiary’s top priority date is existing, suggesting a green card is immediately readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and indicates when a permit has appeared to an applicant based on their preference classification, 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 limitation on the number of green cards that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes using for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This info will be utilized to perform required security checks and for ultimate creation of a permit, employment authorization (work license) or advance parole document. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the beneficiary is provided 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 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 examine and determine whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The permit functions as proof of irreversible residency in the U.S.