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

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

Step 1: referall.us PERM/Labor Certification

The PERM/Labor Certification process is usually the very first step in the employment-based green card process. The procedure is developed to guarantee that there are no qualified U.S. employees available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the job description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used employees in a specific profession in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must a minimum of offer the long-term position at. It is also the rate that needs to be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through different recruitment methods for „able, prepared, qualified, and readily available” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The employer can start advertising (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 profession, need the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of basic flow in the location of desired work, a lot of suitable to the profession and more than likely to bring responses from able, prepared, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task site for a period of 10 successive company days.

In addition to the necessary recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The company should choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the employer might be examining resumes and conducting interviews of U.S. workers. The employer needs to keep detailed records of their recruitment efforts, including the variety of U.S. employees who made an application for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no certified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient’s concern date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality control process in the form of audits to make sure compliance with all . In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the results achieved, the variety of hires, and, if relevant, the variety of U.S. applicants turned down, summarized by the particular lawful job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. employees readily available for the position and that the recipient 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 authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the preference classification and nation of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, the company needs to likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to show capability to pay:

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

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

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might not need an authorized 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, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will evaluate it and may ask for extra details or documentation by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is an offered permit. The real permit application can just be filed if the recipient’s priority date is existing, meaning a permit is instantly offered to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a green card has become available to an applicant based upon their choice category, nation of birth, and top priority date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the optimum variety of permits that can be provided to employment-based applicants 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 receive the green card.

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This info will be utilized to conduct required security checks and for eventual creation of a permit, employment permission (work authorization) or advance parole document. The recipient may be informed of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to figure out if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes making an application for 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 priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit acts as proof of long-term residency in the U.S.