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 enables foreign nationals to live and employment work permanently in the U.S. The procedure can be complicated and prolonged, but for those looking for permanent residency in the U.S., it is an essential step to achieving 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 process is normally the primary step in the employment-based permit procedure. The process is developed to make sure that there are no qualified U.S. employees readily available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the job information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed workers in a specific profession in the location of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the long-term position at. It is also the rate that should be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and offered” U.S. workers. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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 designated employment;
– Two Sunday print ads in a paper of basic blood circulation in the location of designated work, many suitable to the profession and more than likely to bring reactions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task site for a duration of 10 consecutive company days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The company should pick 3 of the following:

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

During the recruitment procedure, the company might be examining resumes and carrying out interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the variety of U.S. employees who obtained the position, the number who were spoken with, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no certified U.S. employees 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 beneficiary’s top priority date and identifies his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results attained, the number of hires, and, if suitable, the number of U.S. applicants turned down, summarized by the specific lawful occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are contributed 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 authorized PERM/Labor Certification confirms that there are no qualified U.S. employees available for the position which the recipient will not negatively impact the earnings and working conditions of U.S. employees.

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 needs to include the authorized PERM application and evidence of the beneficiary’s credentials 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 concurrently if his/her top priority date is existing.

At the I-140 petition stage, the company must likewise show its capability 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 demonstrate capability 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 business’s net earnings is equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net possessions amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will pick 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 worker’s credentials.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an authorized PERM application or I-140 petition.) The categories 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 is submitted, USCIS will evaluate it and may ask for additional info or documentation by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an offered permit. The actual permit application can just be filed if the beneficiary’s top priority date is present, suggesting a permit is instantly available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has become offered to a candidate based on their choice classification, employment nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be provided each year. That limitation is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be issued to employment-based candidates 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 get the permit.

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This information will be utilized to perform required security checks and for eventual production of a green card, work authorization (work permit) or advance parole document. The recipient may be informed of the date, time, and place for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the recipient’s interview when his/her concern date becomes current. 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 utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary 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 determine whether to admit the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card works as proof of irreversible residency in the U.S.