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

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, however for those seeking permanent residency in the U.S., it is an essential step to achieving that goal. In this article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based green card procedure. The procedure is developed to ensure that there are no competent U.S. workers available for the position and that the foreign worker will not negatively affect the wages and working conditions of U.S. employees.

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 dominating wage rate is defined as the average wage paid to similarly employed employees in a particular occupation in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the area of designated employment, travel requirements (if any), employment to name a few things. The prevailing wage is the rate the employer need to at least use the irreversible position at. It is also the rate that must be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to evaluate the U.S. labor market through various recruitment approaches for “able, ready, certified, and readily available” U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– thirty days task order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print advertisements in a paper of general circulation in the area of designated employment, most proper to the profession and probably to bring reactions from able, willing, employment certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 successive organization days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer must choose 3 of the following:

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

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

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can send 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 submitted develops the beneficiary’s top priority date and employment determines his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the kind of audits to make sure compliance with all PERM regulations. 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 candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and employment the outcomes attained, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summarized by the particular legal occupational reasons 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. workers offered for the position and that the recipient will not adversely impact the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

At the I-140 petition stage, the company needs to also demonstrate its ability 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 show capability to pay:

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

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may 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 examine it and might ask for additional details or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to determine if there is an available green card. The real green card application can only be submitted if the recipient’s concern date is current, indicating a green card is right away 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 shows when a green card has become available to a candidate based upon their choice classification, employment nation of birth, and concern date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits 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 issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and for eventual creation of a permit, employment permission (work permit) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace 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 recipient is given 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 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 and figure out whether to confess the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The permit functions as proof of irreversible residency in the U.S.