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 made complex and prolonged, but for employment those seeking long-term residency in the U.S., it is a vital action to achieving 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 procedure is typically the primary step in the employment-based permit procedure. The process is designed to ensure that there are no certified U.S. employees available for the position which the foreign worker will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed employees in a particular profession in the location of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least offer the irreversible position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to evaluate the U.S. labor market through numerous recruitment methods for „able, willing, qualified, and readily available“ U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The company can begin advertising (1) while the prevailing 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:

– 30 day task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic flow in the area of designated work, most appropriate to the occupation and probably to bring reactions from able, employment willing, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 consecutive organization days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be published. The company must pick 3 of the following:

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

During the recruitment process, the company may be examining resumes and performing interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who obtained the position, the number who were talked to, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can submit 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 establishes the beneficiary’s concern date and identifies his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is filed. Therefore, the DOL carries out a quality assurance procedure in the form of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the outcomes achieved, the number of hires, and, if appropriate, employment the number of U.S. candidates turned down, summarized by the particular legal occupational 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. employees offered for the position which the beneficiary will not adversely 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 file 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 credentials for the sponsored position. Please note, depending upon 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 concern date is current.

At the I-140 petition phase, the company should also demonstrate its capability to pay the beneficiary 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 recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equal to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (annual report, tax return, employment or employment audited financial statement).

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

There are several categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The categories 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 filed, USCIS will review it and might ask for extra details or documentation by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is an available permit. The actual green card application can just be submitted if the recipient’s priority date is existing, meaning a permit is right away offered to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and employment indicates when a green card has appeared to an applicant based upon their choice category, nation 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 limitation on the variety of permits that can be issued each year. That limit is currently 140,000. This means that in any given year, the optimum number of permits that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority date is present, he/she will either go through change 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 beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This information will be used to perform necessary security checks and for ultimate creation of a green card, employment permission (work permit) or advance parole document. The beneficiary might be informed of the date, employment time, and place for an interview at a USCIS office to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to determine if it among the exceptions. If the interview is effective and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up a visit for the recipient’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 identify whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card works as evidence of long-term residency in the U.S.