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

The employment-based permit process is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is a vital action to achieving that goal. In this article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor job Certification

The PERM/Labor Certification procedure is generally the first step in the employment-based green card procedure. The process is designed to guarantee that there are no qualified U.S. employees readily available for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise used workers in a specific profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should a minimum of provide the long-term position at. It is likewise the rate that must be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through numerous recruitment techniques for “able, ready, qualified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 1 month task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of basic flow in the area of desired work, many appropriate to the profession and more than likely to bring actions from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive service days.

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

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the number of U.S. workers who used for the position, the number who were interviewed, and the reasons they were not worked with.

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. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary’s priority date and identifies his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the kind of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if relevant, the variety of U.S. applicants turned down, summed up by the specific lawful occupational factors for such rejections.

If an audit is released 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers readily available for the position and that the recipient will not adversely affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has 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 include the authorized PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is present.

At the I-140 petition stage, the company should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to demonstrate capability to pay:

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

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

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

– 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 submitted, USCIS will evaluate it and might request additional details or documents by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to identify if there is an offered permit. The actual permit application can only be filed if the recipient’s priority date is current, job meaning a permit is right away readily available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a green card has ended up being available to a candidate based upon their preference 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 immigration system, Congress set a limit on the number of green cards that can be released each year. That limitation is currently 140,000. This indicates that in any given year, the maximum variety of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This will be utilized to carry out necessary security checks and for eventual development of a permit, employment authorization (work authorization) or advance parole file. The recipient may be alerted of the date, time, and area for an interview at a USCIS workplace to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to identify if it meets among the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a visit for the beneficiary’s interview when his/her concern date becomes present. If the consular officer grants the immigrant visa, the recipient 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 permit. The recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and identify whether to admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The permit serves as evidence of irreversible residency in the U.S.