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 enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, job however for those looking for permanent residency in the U.S., it is a vital step to attaining that objective. In this article, 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 first step in the employment-based permit process. The process is designed to ensure that there are no certified U.S. workers available for the position which the foreign employee will not adversely impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly used employees in a particular profession in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of offer the irreversible position at. It is likewise the rate that needs to be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to test the U.S. labor market through various recruitment approaches for “able, ready, qualified, and readily available” U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– one month job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of general blood circulation in the area of designated employment, most appropriate to the profession and probably to bring actions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 successive company days.

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

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

During the recruitment procedure, the company might be examining resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no qualified 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 recipient’s concern date and figures out his/her location in line in the green card 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 carries out a quality control process in the kind of audits to guarantee 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 finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes attained, the number of hires, and, if suitable, the variety of U.S. applicants declined, summarized by the specific legal occupational factors for such rejections.

If an audit is provided 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position which the recipient will not adversely impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is existing.

At the I-140 petition phase, the company needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods to show 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 business’s earnings is equal to or higher than the proffered wage (yearly report, job tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties are equivalent to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

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

There are a number of classifications 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 job I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and job Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

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

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is an offered permit. The real permit application can only be submitted if the beneficiary’s priority date is existing, implying a green card is instantly available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a permit has actually appeared to a candidate based on their choice classification, country 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 limitation on the variety of green cards that can be provided each year. That limitation is presently 140,000. This indicates that in any given year, the maximum number of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the permit 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 generally involves having his/her picture and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for ultimate creation of a green card, employment permission (work license) or advance parole document. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the beneficiary’s home nation. The sets up a consultation for the recipient’s interview when his/her concern 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 check and identify whether to admit the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The green card serves as evidence of irreversible residency in the U.S.