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 completely in the U.S. The procedure can be complicated and prolonged, but for those seeking irreversible residency in the U.S., it is an important step to accomplishing that objective. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit procedure. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position and that the foreign employee will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed workers in a particular occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should a minimum of provide the irreversible position at. It is likewise the rate that should be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment methods for “able, ready, certified, and offered” U.S. employees. Generally, the employer has 2 options when choosing when to start the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a paper of basic blood circulation in the location of intended employment, many appropriate to the profession and employment more than likely to bring responses from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 successive service days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer needs to choose 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and carrying out interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the variety of U.S. workers who requested the position, the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company 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 place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the kind of audits to guarantee compliance with all PERM regulations. In case of an audit, employment the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results achieved, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, summed up by the particular legal job-related factors for such rejections.

If an audit is released 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 approved, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers offered for the position which the recipient will not negatively impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient’s certifications for employment the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is current.

At the I-140 petition phase, the employer needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 methods to demonstrate ability to pay:

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

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

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not need an approved PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, employment 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 might ask for extra details or paperwork by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is an available permit. The actual green card application can just be submitted if the recipient’s top priority date is existing, implying a permit is immediately offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has actually appeared to a candidate based on their choice category, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the maximum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for ultimate production of a green card, employment permission (work license) or advance parole file. The recipient may be alerted of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will review the recipient’s case to determine if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves applying for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a consultation for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is provided 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 beneficiary 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 figure out whether to admit the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The green card works as evidence of irreversible residency in the U.S.