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

The employment-based green card procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, employment however for those seeking irreversible residency in the U.S., it is a necessary step to achieving that objective. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the very first action in the employment-based green card process. The process is created to ensure that there are no qualified U.S. workers offered for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the task information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used workers in a particular occupation in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, employment the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to a minimum of offer the irreversible position at. It is also the rate that must be paid to the employee once the permit is received. Current processing times for employment prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to evaluate the U.S. labor market through different recruitment techniques for «able, prepared, certified, and available» U.S. workers. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– thirty days job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a paper of general blood circulation in the location of intended work, a lot of appropriate to the occupation and most likely to bring responses from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 successive business days.

In addition to the necessary recruitment discussed above, the DOL needs 3 extra recruitment efforts to be published. The employer should select 3 of the following:

– Job Fairs
– Employer’s business
– Job search website
– On-Campus recruiting
– Trade or employment expert company
– Private work companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer may be reviewing resumes and performing interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who obtained the position, the number who were spoken with, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send 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 submitted develops the beneficiary’s top priority date and identifies his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the form of audits to make sure compliance with all PERM guidelines. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. applicants rejected, summarized by the particular lawful occupational reasons 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 company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position and that the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, 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 recipient’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is present.

At the I-140 petition stage, the company needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s 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 assets amount to or greater than the proffered wage (annual report, tax return, or audited monetary statement).

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

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved 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 petition is submitted, USCIS will examine it and may request additional details or paperwork by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is an offered green card. The real permit application can only be filed if the recipient’s top priority date is existing, suggesting a permit 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 (permit) numbers and suggests when a permit has actually become readily available to an applicant based on their preference classification, country of birth, and top priority date. The date the PERM application is submitted 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 limitation is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is present, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This info will be used to conduct required security checks and for eventual creation of a green card, employment permission (work license) or advance parole file. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the beneficiary’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 inspect and identify whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The green card works as proof of permanent residency in the U.S.