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, however for those looking for permanent residency in the U.S., it is a vital action to attaining 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 procedure is normally the initial step in the employment-based permit process. The process is designed to ensure that there are no certified U.S. workers readily available for the position and that the foreign worker will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, employment a dominating wage application is submitted to the Department of Labor employment (DOL). The dominating wage rate is defined as the average wage paid to likewise employed employees in a particular occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must a minimum of use the permanent position at. It is likewise the rate that must be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 1 month task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a paper of general flow in the location of desired work, many proper to the profession and most likely to bring responses from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job site for a period of 10 successive service days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The employer must choose 3 of the following:

– Job Fairs
– Employer’s
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the company may be examining resumes and carrying out interviews of U.S. workers. The employer needs to keep in-depth 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 worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no qualified 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 develops the recipient’s concern date and identifies his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the kind of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the variety of U.S. candidates declined, summed up by the specific lawful job-related 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 approved, the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. workers readily available for the position and that the beneficiary will not negatively impact the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice category and employment nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.

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 permit is provided. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets are equivalent to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration).

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

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, 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 may ask for extra information or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is a readily available permit. The actual permit application can just be submitted if the beneficiary’s priority date is existing, implying a permit is right away offered to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has appeared to an applicant based upon their choice classification, country of birth, and top priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be provided each year. That limitation 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 present, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This information will be used to conduct required security checks and for eventual production of a green card, work authorization (work license) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to identify if it meets one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 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 examine and identify whether to admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card functions as proof of long-term residency in the U.S.