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 made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an essential action to achieving that goal. In this post, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based green card procedure. The procedure is designed to make sure that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins 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 (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized employees in a specific occupation in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, employment job tasks, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company should a minimum of offer the permanent position at. It is likewise the rate that should be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through various recruitment methods for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. The company can start 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 location of desired employment;
– Two Sunday print advertisements in a paper of basic blood circulation in the location of designated employment, most proper to the occupation and more than likely to bring responses from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be posted at the task site for a period of 10 successive company days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The employer should choose 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus placement
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be examining resumes and performing interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who looked for 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 total, the employer can submit the PERM application if no competent 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 submitted develops the beneficiary’s top priority date and figures out his/her location in line in the permit visa queue.

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 assurance procedure in the type of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, summed up 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 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 approved PERM/Labor Certification validates that there are no competent U.S. employees readily available for the position which the beneficiary will not adversely affect the salaries 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 consist of the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

At the I-140 petition phase, the employer needs to likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to show 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 earnings is equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this phase that the company will pick the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not need an authorized PERM application or I-140 petition.) The classifications 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 might request extra info or documentation by providing an Ask for Evidence (RFE).

Step 3: employment Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is a readily available permit. The actual permit application can only be filed if the beneficiary’s top priority date is existing, implying a green card is right away available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and employment shows when a green card has actually appeared to an applicant based upon their choice classification, country of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be released each year. That limit is currently 140,000. This means that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is current, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes using for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to perform necessary security checks and employment for ultimate development of a green card, employment authorization (work permit) or advance parole file. The beneficiary may be notified of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to identify if it satisfies among the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the permit in the mail. The permit serves as evidence of irreversible residency in the U.S.