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

The employment-based permit procedure is a multi-step process that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is a vital action to attaining that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based permit procedure. The process is designed to ensure that there are no qualified U.S. employees offered for the position which the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used employees in a specific occupation in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task responsibilities, requirements for the position, the area of intended work, travel requirements (if any), employment to name a few things. The dominating wage is the rate the employer need to a minimum of offer the irreversible position at. It is also the rate that should be paid to the staff member once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to check the U.S. labor market through numerous recruitment approaches for „able, willing, certified, and offered“ U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– one month job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a newspaper of general blood circulation in the area of intended employment, a lot of proper to the profession and more than likely to bring responses from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 successive service days.

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

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private employment companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the company may be examining resumes and carrying out interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. workers who applied for the position, employment the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can send the PERM application if no certified 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 filed develops the beneficiary’s concern date and determines his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the kind of audits to make sure compliance with all PERM regulations. In the occasion of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes attained, the variety of hires, and, if suitable, the variety of U.S. candidates declined, summarized 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 total 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 certified U.S. workers readily available for the position and that 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 approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is existing.

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 submitted to the time the green card is provided. There are 3 ways to demonstrate 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 company’s earnings is equivalent to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets are equivalent to or greater than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this stage that the employer 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 worker’s certifications.

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

– EB-1: .
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: employment Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and may ask for additional info or documents by issuing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is an available permit. The actual permit application can only be submitted if the beneficiary’s priority date is present, suggesting a permit is right away readily available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and suggests when a permit has appeared to a candidate based upon their preference category, country of birth, and concern 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 number of permits that can be provided each year. That limit is presently 140,000. This means that in any given year, the maximum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority 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 permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is notified 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 perform required security checks and for ultimate creation of a permit, work permission (work license) or advance parole file. The beneficiary might be informed of the date, time, and area for an interview at a USCIS workplace to respond to concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to identify if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the recipient’s interview when his/her top 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 check and identify whether to confess the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit acts as evidence of permanent residency in the U.S.