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 procedure can be made complex and job lengthy, but for those seeking permanent residency in the U.S., it is a necessary step to achieving that objective. In this article, 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 very first action in the employment-based green card procedure. The procedure is designed to make sure that there are no qualified U.S. workers readily available for the position and that the foreign employee will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized workers in a particular occupation in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of intended work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer should a minimum of use the long-term position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through different recruitment techniques for “able, prepared, certified, and offered” U.S. workers. Generally, the employer has 2 choices when deciding 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 provided.

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

– 30 day task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a paper of general blood circulation in the location of designated employment, the majority of proper to the profession and probably to bring actions from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 consecutive organization days.

In addition to the obligatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer must pick 3 of the following:

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

During the recruitment process, the employer may be reviewing 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. workers who got the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can send the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient’s top priority date and identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the kind of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results accomplished, the number of hires, and, if relevant, the variety of U.S. applicants declined, summarized by the particular lawful job-related factors for such rejections.

If an audit is issued 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 authorized PERM/Labor Certification confirms that there are no competent U.S. employees available for the position and that 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and nation 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 present.

At the I-140 petition stage, the company needs to likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 methods to demonstrate ability 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 business’s net earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net assets are equal to or greater than the proffered wage (yearly report, tax return, or audited financial declaration).

In addition, it is at this phase that the employer will pick the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the employee’s credentials.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not require 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: job Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 is submitted, USCIS will examine it and might request extra information or documents by providing 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 an available green card. The real permit application can only be filed if the beneficiary’s top priority date is current, implying a permit is instantly available to the beneficiary.

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 actually ended up being available to an applicant based upon their choice classification, nation of birth, job and top priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be released each year. That limit is presently 140,000. This implies that in any given year, the optimum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern date is existing, he/she will either go through change of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes requesting the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and being fingerprinted. This info will be used to carry out required security checks and for eventual production of a permit, work authorization (work permit) or advance parole file. The recipient may be alerted of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to identify if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes a visit for the beneficiary’s interview when his/her top priority date ends up being present. 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 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 recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit works as proof of long-term residency in the U.S.