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 enables foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those looking for permanent residency in the U.S., it is an important action to achieving that goal. In this post, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based permit procedure. The procedure is designed to guarantee that there are no competent U.S. employees offered for the position which the foreign employee will not adversely affect the earnings and employment working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used workers in a particular profession in the of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company must a minimum of provide the long-term position at. It is also the rate that should be paid to the staff member 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 company to check the U.S. labor market through different recruitment approaches for “able, willing, qualified, and offered” U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment process. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of basic flow in the area of designated work, many suitable to the occupation and most likely to bring responses from able, willing, employment qualified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a duration of 10 successive service days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to choose 3 of the following:

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

During the recruitment process, the company may be examining resumes and performing interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who looked for 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 total, the employer can send the PERM application if no qualified U.S. workers 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 priority date and determines his/her place in line in the permit visa queue.

React 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 executes a quality control procedure in the form of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes achieved, the number of hires, and, if suitable, the number of U.S. candidates turned down, summed up by the specific lawful occupational reasons for such rejections.

If an audit is issued 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 approved, the company will receive it from the DOL. The approved PERM/Labor employment Certification validates that there are no qualified U.S. workers available for the position and that the beneficiary will not negatively impact the salaries 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 must include the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the company must likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 ways to show ability 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 business’s earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, tax return, employment or audited financial statement).

In addition, it is at this stage that the employer will pick the employment-based choice 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 certifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications 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 review it and might ask for additional info or documentation 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 determine if there is an offered green card. The actual green card application can only be submitted if the recipient’s concern date is present, implying a green card is right away readily available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based upon their preference category, country of birth, and priority date. The date the PERM application is filed develops 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 presently 140,000. This means that in any given year, the optimum number of permits that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes requesting the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary 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 info will be utilized to carry out required security checks and for eventual development of a permit, work permission (work permit) or advance parole file. The recipient might be notified of the date, time, and area for employment an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to determine if it meets among the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves using for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up an appointment for the recipient’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 identify whether to confess the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.