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

The employment-based green card procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is an essential action to attaining that goal. In this post, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the primary step in the employment-based permit process. The procedure is created to ensure that there are no certified U.S. employees offered for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are finalized, a dominating wage application is sent to the Department of Labor job (DOL). The dominating wage rate is defined as the average wage paid to likewise used workers in a particular occupation in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least offer the long-term position at. It is also the rate that must be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to evaluate the U.S. labor job market through numerous recruitment techniques for “able, ready, qualified, and available” U.S. workers. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The employer can begin marketing (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 location of designated employment;
– Two Sunday in a paper of basic blood circulation in the area of intended employment, a lot of suitable to the profession and most likely to bring responses from able, willing, qualified, and readily available U.S. employees; and
– Notice of Filing to be published at the job site for a duration of 10 successive business days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. 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 work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be examining resumes and performing interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were interviewed, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can submit the PERM application if no competent 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 filed establishes the recipient’s top priority date and determines his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes attained, the variety of hires, and, if appropriate, the number of U.S. applicants rejected, summed up by the specific legal job-related factors for such rejections.

If an audit is issued 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 get 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 beneficiary will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step 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 evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient may be eligible to file the I-140 immigrant petition and job the I-485 modification of status application concurrently if his/her concern date is existing.

At the I-140 petition phase, the employer should also demonstrate its ability 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 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (yearly report, income 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 on the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.

There are numerous categories of employment-based permits, job 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: 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 examine it and may request extra info or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an offered permit. The real green card application can just be filed if the recipient’s priority date is present, job meaning a green card is instantly offered to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a permit has actually appeared to a candidate based upon their choice category, nation of birth, and concern date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the optimum variety of permits 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 modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes getting the green card 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 generally involves having his/her image and signature taken and being fingerprinted. This info will be utilized to perform required security checks and for ultimate production of a permit, work permission (work permit) or advance parole file. The recipient may be alerted of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it satisfies one of the exceptions. If the interview is effective and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a consultation 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 offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 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.