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 procedure can be complicated and lengthy, but for those seeking long-term residency in the U.S., it is a necessary step to accomplishing that goal. In this post, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based green card process. The procedure is developed to guarantee that there are no certified U.S. employees readily available for the position which the foreign employee will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the job information are completed, a dominating wage application is sent to the Department of Labor employment (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized workers in a particular profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of use the long-term position at. It is also the rate that needs to be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

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

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

– 30 day task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a paper of basic blood circulation in the area of desired work, many proper to the occupation and probably to bring actions from able, prepared, employment certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive business days.

In addition to the necessary recruitment mentioned above, the DOL requires 3 additional 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 employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be evaluating resumes and performing interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were interviewed, and the reasons they were not hired.

Submit the PERM/ Application

After the PWD is provided and recruitment is complete, the employer 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 submitted develops the beneficiary’s priority date and determines his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the type of audits to guarantee compliance with all PERM guidelines. In the event of an audit, the DOL typically needs:

– 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 employer describing the recruitment steps undertaken and the results attained, the number of hires, and, if appropriate, the number of U.S. candidates declined, employment summed up by the particular legal job-related reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. employees available for the position and that the beneficiary will not negatively impact the incomes 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the employer needs to likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to show 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 company’s earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties are equivalent to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this stage that the employer will select the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s credentials.

There are numerous categories of employment-based green cards, employment and each has its own set of requirements. (Please note, some categories might not require an authorized PERM application or 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 Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and may ask for extra details or documentation by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available green card. The actual green card application can only be filed if the recipient’s priority date is current, suggesting a permit is immediately readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a green card has actually become available to an applicant based upon their preference category, nation of birth, and top priority date. The date the PERM application is submitted establishes 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 currently 140,000. This implies that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern date is current, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This info will be used to carry out required security checks and for ultimate production of a green card, work authorization (work authorization) or advance parole document. The beneficiary might be notified of the date, time, and area for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to figure out if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a visit for the beneficiary’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used 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 figure out whether to admit the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit functions as proof of long-term residency in the U.S.