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 process can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is a vital step to accomplishing that objective. In this article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first action in the employment-based permit process. The procedure is designed to ensure that there are no qualified U.S. workers 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 employer begins the PERM process by drafting the job description for job the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must at least use the irreversible position at. It is also the rate that must be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, ready, certified, and offered” U.S. workers. Generally, the employer has 2 alternatives when deciding when to begin the recruitment procedure. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional profession, job require the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a paper of general flow in the location of desired employment, a lot of proper to the occupation and more than likely to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 successive company days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The employer needs to pick 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, including the variety of U.S. employees who used for the position, the number who were spoken with, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided 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 the recipient’s priority date and identifies his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes attained, the variety of hires, and, job if appropriate, the variety of U.S. candidates rejected, summed up by the specific lawful job-related factors for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers readily available for the position which the beneficiary will not negatively impact the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending on the preference category and nation of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the company must likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to demonstrate ability to pay:

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

In addition, it is at this phase that the employer will pick the employment-based choice classification 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 certifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not need an authorized PERM application or job I-140 petition.) The categories consist of:

– EB-1: job 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 ask for extra information or documentation by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to determine if there is a readily available green card. The real green card application can only be submitted if the recipient’s top priority date is present, implying a permit is immediately available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a permit has become available to an applicant based upon their preference category, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s 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 indicates that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves applying for the permit 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 usually involves having his/her photo and signature taken and being fingerprinted. This information will be used to perform required security checks and for ultimate creation of a permit, work permission (work permit) or advance parole document. The recipient might be notified of the date, job time, and location for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her top priority 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 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 determine whether to admit the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The permit works as evidence of long-term residency in the U.S.