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

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those looking for long-term residency in the U.S., it is a vital step 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 procedure is generally the initial step in the employment-based green card procedure. The procedure is designed to guarantee that there are no competent U.S. workers readily available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the job information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized employees in a particular profession in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of offer the permanent position at. It is also 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 approaches for “able, willing, qualified, and available” U.S. employees. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The company can begin 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:

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

In addition to the obligatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer needs to select 3 of the following:

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

During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees 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 released and recruitment is total, the employer can submit the PERM application if no competent 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 submitted establishes the beneficiary’s concern date and identifies his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, job the DOL executes a quality assurance process in the kind of audits to make sure compliance with all PERM policies. In case of an audit, job the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, summarized by the specific legal occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are included to the total 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 authorized PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position and that the recipient will not negatively affect 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 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 beneficiary’s credentials for the sponsored position. Please note, depending on the preference category and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is present.

At the I-140 petition phase, the employer should also show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to show ability to pay:

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

In addition, job it is at this stage that the company will choose 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 worker’s credentials.

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

– EB-1: job Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, job Professionals, 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 request extra info or paperwork by releasing a Request for Evidence (RFE).

Step 3: Permit Application

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

Each month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a permit has ended up being available to a candidate based upon their choice classification, country of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be provided each year. That limitation is currently 140,000. This means that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This info will be used to perform required security checks and for ultimate production of a green card, employment authorization (work authorization) or advance parole document. The recipient might be notified of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to identify if it satisfies among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing includes using for the green card at a U.S. consulate in the home nation. The consular office sets up an appointment for the beneficiary’s interview when his/her top priority date becomes 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 beneficiary 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 identify whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The green card functions as proof of permanent residency in the U.S.