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

The employment-based permit procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those looking for permanent residency in the U.S., it is a vital action to accomplishing that objective. In this post, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based green card process. The procedure is designed to ensure that there are no competent U.S. workers offered for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the task details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed employees in a specific occupation in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the area of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must at least use the irreversible position at. It is likewise the rate that should 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 policies require a sponsoring employer to test the U.S. labor market through various recruitment approaches for „able, willing, qualified, and readily available“ U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. 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 an expert or non-professional profession, require the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of general blood circulation in the area of desired work, a lot of suitable to the occupation and most likely to bring reactions from able, ready, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive business days.

In addition to the compulsory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The employer needs to pick 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and carrying out interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, including the number of U.S. workers who made an application for the position, the number who were talked to, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can send the PERM application if no competent U.S. employees were discovered. 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 priority date and figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

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

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants‘ resumes and applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results attained, the variety of hires, and, if appropriate, the variety of U.S. candidates rejected, summarized by the specific legal occupational factors for such rejections.

If an audit is issued 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 receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees available for the position which the beneficiary will not adversely affect the earnings and working conditions of U.S. workers.

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 needs to include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may 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 current.

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

1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net properties are equivalent to or higher than the proffered wage (yearly report, tax return, or audited financial declaration).

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

There are several categories of employment-based permits, employment and each has its own set of requirements. (Please keep in mind, some classifications might 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 petition is submitted, USCIS will review it and may request additional info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a permit has become offered to an applicant based upon their choice classification, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This information will be used to carry out required security checks and for eventual creation of a green card, employment permission (work authorization) or advance parole document. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a consultation for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The permit works as evidence of permanent residency in the U.S.