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

The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for those seeking permanent residency in the U.S., it is an essential action to accomplishing that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the primary step in the employment-based green card process. The procedure is created to ensure that there are no competent U.S. employees readily available for the position which the foreign worker will not adversely affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly utilized employees in a specific profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to at least offer the permanent position at. It is likewise the rate that needs to be paid to the once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to evaluate the U.S. labor market through different recruitment approaches for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. 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 employment an expert or non-professional profession, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of general circulation in the location of intended employment, the majority of proper to the occupation and more than likely to bring reactions from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 successive service days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV advertisement

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

Submit the PERM/Labor employment Certification Application

After the PWD is issued and recruitment is complete, the company can submit the PERM application if no certified 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 filed develops the beneficiary’s concern date and determines his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. applicants declined, summarized by the particular legal occupational factors for such rejections.

If an audit is provided on a case, 3 to 4 months are included to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees readily available for the position and that the beneficiary will not adversely affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file 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 credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is current.

At the I-140 petition phase, the company must also demonstrate its ability to pay the beneficiary 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 greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equal to or greater than the proffered wage (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will pick 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 staff member’s qualifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might 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 might ask for extra info or paperwork by providing a Demand 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 just be filed if the recipient’s priority date is current, meaning a green card is immediately offered to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and employment shows when a permit has appeared to an applicant based upon their choice category, country of birth, and concern date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be released each year. That limitation is presently 140,000. This implies that in any given year, the optimum variety of green cards that can be issued to employment-based candidates 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 green card.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for eventual production of a permit, employment permission (work authorization) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes obtaining the permit 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 top priority date becomes current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 examine and identify whether to admit the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The permit acts as evidence of irreversible residency in the U.S.