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 allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those looking for irreversible residency in the U.S., it is a vital action to achieving that goal. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the very first action in the employment-based permit process. The process is developed to guarantee that there are no certified U.S. employees offered for the position which the foreign employee will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise employed employees in a specific occupation in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, job the area of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must a minimum of use the long-term position at. It is likewise the rate that must be paid to the employee once the green card is received. Current processing times for dominating 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, willing, certified, and offered» U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The company can begin advertising (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 occupation, require the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a newspaper of basic flow in the area of desired work, a lot of appropriate to the occupation and probably to bring actions from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer needs to select 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 paper; and
– Radio or job TV ad

During the recruitment process, the company might be reviewing resumes and performing interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, consisting of 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, job the company can send the PERM application if no competent U.S. employees were found. 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)

An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the kind of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes attained, the number of hires, and, if applicable, the number of U.S. applicants rejected, summarized by the specific legal job-related 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 company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. workers available for the position and that the recipient will not negatively affect the salaries 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The needs to include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice category and nation of birth, job a recipient may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the company should also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate 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 business’s net earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this phase that the company will select the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for job the position that was listed on the PERM application and the staff member’s certifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an authorized PERM application or I-140 petition.) The classifications 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 submitted, USCIS will review it and may request additional information or documents by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to determine if there is an offered green card. The real permit application can just be submitted if the beneficiary’s top priority date is present, suggesting a green card is instantly readily available to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has actually become readily available to an applicant based upon their choice category, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the variety of permits 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 beneficiary’s priority date is existing, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves making an application for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and job being fingerprinted. This details will be used to perform required security checks and for eventual production of a green card, work permission (work license) or advance parole document. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to determine if it fulfills 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 includes making an application for the green card at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a visit for the recipient’s interview when his/her top priority date becomes current. 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 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 inspect and determine whether to admit the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The permit works as evidence of permanent residency in the U.S.