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 permits foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, however for those seeking long-term residency in the U.S., it is an important action to attaining that goal. In this article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor job Certification

The PERM/Labor Certification process is generally the initial step in the employment-based permit process. The process is created to make sure that there are no qualified U.S. employees offered for the position and that the foreign worker 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 task description for the sponsored position. Once the task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise employed employees in a particular profession in the location of intended work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task 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 at least use the long-term position at. It is also the rate that should 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 company to test the U.S. labor market through numerous recruitment approaches for “able, prepared, certified, and available” U.S. employees. Generally, job the employer has 2 options when deciding when to start the recruitment process. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print ads in a newspaper of general flow in the area of intended employment, many suitable to the profession and most likely to bring reactions from able, prepared, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 successive service days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company must select 3 of the following:

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

During the recruitment process, the company may be evaluating resumes and carrying out interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who used for the position, the number who were talked to, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can submit the PERM application if no qualified 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 establishes the recipient’s top priority date and figures out his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the form of audits to make sure compliance with all PERM regulations. In the occasion of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and job the outcomes accomplished, the number of hires, and, if suitable, the variety of U.S. applicants declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is provided 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 get it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees available for the position and that the recipient will not adversely impact the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition stage, the company must also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 ways to demonstrate ability to pay:

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

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

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may 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 evaluate it and may ask for additional info or paperwork by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is an available permit. The actual green card application can only be submitted if the recipient’s priority date is existing, meaning a permit is right away readily available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has ended up being available to an applicant based upon their preference classification, job country of birth, and concern date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 140,000. This means that in any given year, the optimum number of permits 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 get the green card.

Adjustment of Status

Adjustment of status includes applying for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for eventual creation of a permit, employment permission (work authorization) or job advance parole document. The recipient may be alerted of the date, time, and place for an interview at a USCIS office to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes making an application for job the green card at a U.S. consulate in the home country. The consular office establishes a consultation for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 inspect and determine whether to admit the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The permit acts as proof of irreversible residency in the U.S.