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 permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for long-term residency in the U.S., it is an essential action to attaining that objective. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based permit process. The procedure is created to guarantee that there are no competent U.S. workers available for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used employees in a specific profession in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the location of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer must at least use the long-term position at. It is likewise the rate that needs to be paid to the employee once the permit is received. Current processing times for prevailing 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 numerous recruitment for „able, prepared, qualified, and offered“ U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– one month task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of general circulation in the location of designated work, the majority of suitable to the profession and most likely to bring reactions from able, ready, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 successive company days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The employer should choose 3 of the following:

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

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who looked for the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no qualified U.S. workers were found. 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 top priority date and determines his/her place in line in the permit visa queue.

React To PERM/Labor employment 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 form of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific lawful job-related reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position and that the beneficiary will not adversely impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice classification and nation of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is present.

At the I-140 petition stage, the employer needs to also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to show ability to pay:

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

In addition, it is at this stage that the employer will select the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.

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

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: employment 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 request extra information or paperwork by releasing a Request for Evidence (RFE).

Step 3: Permit 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 only be filed if the recipient’s top priority date is present, implying a green card is right away available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a green card has actually appeared to a candidate based upon their choice classification, nation of birth, and concern date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient’s priority date is existing, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her picture and signature taken and being fingerprinted. This info will be used to conduct required security checks and for eventual development of a green card, employment permission (work license) or advance parole document. The recipient may be informed of the date, time, and area for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to determine if it fulfills among the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home nation. The consular office establishes an appointment for the beneficiary’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient 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 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 figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card serves as evidence of permanent residency in the U.S.