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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 allows foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is an essential step to achieving that goal. In this article, we will go through the steps of the employment-based green card procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is generally the very first step in the employment-based green card procedure. The process is designed to guarantee that there are no certified U.S. workers available for the position which the foreign employee will not adversely affect the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed workers in a particular occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least use the long-term position at. It is likewise the rate that should be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies require a sponsoring company to check the U.S. labor market through different recruitment methods for “able, willing, certified, and available” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
– thirty days task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of desired work, the majority of appropriate to the profession and more than likely to bring from able, ready, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 successive organization days.
In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The company should select 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement
During the recruitment process, the employer might be examining resumes and conducting interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who obtained 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 issued and recruitment is total, the employer can send 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 submitted establishes the recipient’s concern date and determines his/her location in line in the permit visa line.
React To PERM/Labor Certification Audit (if any)
A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance procedure in the kind of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL typically requires:
– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results accomplished, the variety of hires, and, if applicable, the number of U.S. applicants declined, summarized by the specific legal job-related 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 get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers available for the position which the recipient will not adversely affect the incomes 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern 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 filed to the time the green card is issued. There are 3 methods to demonstrate ability to pay:
1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, referall.us W-2s);.
2. Evidence that the business’s net earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties are equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary declaration).
In addition, it is at this stage that the company will select the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.
There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications 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 examine it and might request extra information or documents by releasing a Demand for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to identify if there is a readily available permit. The actual green card application can only be submitted if the recipient’s top priority date is existing, meaning a green card is immediately available to the beneficiary.
On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and indicates when a green card 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 develops the beneficiary’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be released each year. That limit is currently 140,000. This means that in any given year, the optimum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s top 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 applying for the permit while in the U.S. After an adjustment 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 image and signature taken and being fingerprinted. This details will be used to perform required security checks and for eventual creation of a green card, employment authorization (work license) or advance parole file. The recipient might be alerted of the date, time, and area 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 review the recipient’s case to determine if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves making an application for the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a visit 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 permit. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to admit the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card functions as evidence of long-term residency in the U.S.