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

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for those looking for long-term residency in the U.S., it is an essential step to accomplishing that objective. In this article, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the task 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 similarly used workers in a particular occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must a minimum of offer the permanent position at. It is also the rate that must be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through numerous recruitment approaches for « able, willing, qualified, and available » U.S. workers. Generally, the company has 2 alternatives when choosing 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 released.

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

– 1 month job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a newspaper of general flow in the area of intended work, a lot of proper to the profession and more than likely to bring reactions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive business days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer needs to pick 3 of the following:

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

During the recruitment procedure, the employer might be reviewing resumes and performing interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, including the number of U.S. workers who used for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can send the PERM application if no certified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient’s top priority date and figures out his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In the event of an audit, employment the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the results attained, the number of hires, and, if relevant, the variety of U.S. candidates turned down, summed up by the particular lawful occupational reasons 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. employees readily available for the position which the beneficiary will not adversely impact the incomes and working conditions of U.S. workers.

Step 2: employment 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 should include the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is present.

At the I-140 petition stage, the employer must likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to show 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 business’s net income is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets are equal to or higher than the proffered wage (annual report, income tax return, or audited financial statement).

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

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

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and employment 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 request 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 examine the Visa Bulletin to identify if there is a readily available permit. The real permit application can only be filed if the recipient’s concern date is present, indicating a green card is instantly offered to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and indicates when a permit has appeared to an applicant based upon their choice classification, nation of birth, and top date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be released each year. That limit is currently 140,000. This implies that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is existing, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes requesting the green card while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct required security checks and for eventual creation of a green card, work permission (work authorization) or advance parole file. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to identify if it satisfies among the exceptions. If the interview is effective and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing includes obtaining the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a visit for the beneficiary’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is provided 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 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 inspect and determine whether to admit the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card acts as proof of irreversible residency in the U.S.