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

The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, but for those looking for permanent residency in the U.S., it is an important action to attaining that objective. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based permit procedure. The procedure is designed to ensure that there are no certified U.S. employees offered for the position and that the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The dominating wage is the rate the company should a minimum of offer the long-term position at. It is also the rate that must be paid to the employee once the green card is gotten. Current processing times for employment prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to evaluate the U.S. labor market through numerous recruitment approaches for “able, prepared, qualified, and available” U.S. employees. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– thirty days task order with the State Workforce Agency serving the location of work;
– Two Sunday print advertisements in a newspaper of basic circulation in the area of intended employment, many suitable to the profession and probably to bring actions from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive organization days.

In addition to the necessary recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The employer must pick 3 of the following:

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

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

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no competent U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s concern date and determines his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes accomplished, the number of hires, and, if suitable, the number of U.S. candidates rejected, summed up by the particular lawful occupational reasons for such rejections.

If an audit is provided 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 receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers available for the position which the beneficiary will not adversely impact the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and employment Immigration Services (USCIS). The petition must include the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and employment country 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 top priority date is existing.

At the I-140 petition stage, the employer needs to also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, employment W-2s);.
2. Evidence that the business’s earnings is equal to or employment greater than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties are equivalent 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 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 staff member’s credentials.

There are a number of classifications of employment-based permits, and employment each has its own set of requirements. (Please note, some classifications may not need an approved 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: Skilled Workers, 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 may ask for extra info or documentation by providing a Request for Evidence (RFE).

Step 3: Permit Application

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

Every month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and suggests when a permit has actually ended up being readily available to a candidate based upon their preference classification, country of birth, and concern date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limitation is currently 140,000. This implies that in any given year, the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

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 alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual development of a permit, employment authorization (work permit) or advance parole document. The recipient may be informed of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for the beneficiary’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 permit. The recipient 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 determine whether to admit the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit works as evidence of permanent residency in the U.S.