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

The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for job those seeking long-term residency in the U.S., it is an essential step to achieving that goal. In this article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first action in the employment-based permit process. The procedure is designed to make sure that there are no competent U.S. workers readily available for the position and that the foreign worker will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the task description for the sponsored position. Once the task information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise used employees in a specific profession in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the area of desired employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company should a minimum of provide the permanent position at. It is also the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to evaluate the U.S. labor market through various recruitment methods for “able, willing, certified, and available” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– thirty days task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a paper of basic blood circulation in the area of intended work, the of proper to the occupation and more than likely to bring reactions from able, ready, certified, and available U.S. employees; and
– Notice of Filing to be posted at the job website for a period of 10 successive company days.

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

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

During the recruitment procedure, the employer may be examining resumes and carrying out interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no qualified 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 top priority date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the form of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL generally requires:

– 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 describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, job if applicable, the variety of U.S. applicants rejected, summarized by the specific legal occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are added 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. employees readily available for the position which the beneficiary will not negatively affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.

At the I-140 petition phase, the employer must likewise show its ability to pay the recipient 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 capability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, income tax return, or audited financial statement).

In addition, job it is at this stage that the company will select the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for job the position that was noted on the PERM application and the worker’s qualifications.

There are several categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require 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 evaluate it and might ask for additional info or documents 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 identify if there is a readily available permit. The real permit application can just be submitted if the recipient’s concern date is existing, implying a green card is instantly readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a permit has appeared to an applicant based upon their choice category, nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be released each year. That limitation is currently 140,000. This implies that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes applying for the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This details will be utilized to perform necessary security checks and for ultimate production of a green card, employment authorization (work authorization) or advance parole document. The recipient may be alerted of the date, time, job and job location for an interview at a USCIS office to respond to questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, job the beneficiary will receive the green card.

Consular Processing

Consular processing involves using for the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the recipient’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 figure out whether to admit the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card acts as proof of long-term residency in the U.S.