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

The employment-based green card process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, however for those seeking permanent residency in the U.S., it is an important action to attaining that goal. In this article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the very first action in the employment-based permit procedure. The procedure is designed to make sure that there are no certified U.S. employees offered for the position which the foreign employee will not adversely affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed employees in a specific profession in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should at least provide the long-term position at. It is likewise the rate that must be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to evaluate the U.S. labor market through different recruitment techniques for „able, ready, certified, and offered“ U.S. workers. Generally, the employer has 2 choices when choosing when to start the recruitment procedure. The employer can begin 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 profession, need the following recruitment efforts:

– one month job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of basic blood circulation in the location of desired employment, a lot of proper to the occupation and more than likely to bring actions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for a duration of 10 successive service days.

In addition to the compulsory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer must pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee referral program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the employer might be reviewing resumes and carrying out interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were interviewed, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, 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 beneficiary’s concern date and identifies his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality control procedure in the form of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the number of hires, employment and, if relevant, the variety of U.S. applicants turned down, summarized by the particular legal occupational factors for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers available for employment the position and that the recipient will not adversely affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority 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 filed to the time the green card is released. There are 3 methods to demonstrate ability to pay:

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

In addition, it is at this phase that the company will choose the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted 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 classifications may not need 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 submitted, USCIS will examine it and may request additional information or paperwork by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to identify if there is an offered green card. The actual green card application can only be filed if the recipient’s priority date is existing, implying a permit is immediately available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based on their choice classification, country of birth, and concern date. The date the PERM application is submitted 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 released each year. That limitation is currently 140,000. This indicates 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 beneficiary’s priority date is existing, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves using for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and employment for eventual creation of a permit, work authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a visit for the recipient’s interview when his/her priority date ends up being existing. 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 utilized by USCIS to process the Visa Packet and produce the permit. The recipient 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 identify whether to admit the recipient into the U.S. If admitted, the will receive the permit in the mail. The green card works as evidence of permanent residency in the U.S.