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 permanently in the U.S. The procedure can be made complex and prolonged, but for those looking for permanent residency in the U.S., it is an important step to attaining that goal. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the first step in the employment-based green card procedure. The process is designed to guarantee that there are no competent U.S. workers available for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed employees in a specific occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should a minimum of use the irreversible position at. It is likewise the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to check the U.S. labor market through various recruitment techniques for “able, prepared, qualified, and readily available” U.S. employees. Generally, the employer has 2 options when deciding 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 occupation, need the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of basic flow in the area of desired work, most proper to the occupation and most likely to bring reactions from able, prepared, qualified, and available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive business days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company should choose 3 of the following:

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

During the recruitment process, the company may be examining resumes and performing interviews of U.S. workers. The employer should keep comprehensive records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can submit 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 filed establishes the beneficiary’s priority date and 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 executes a quality control process in the kind of audits to make sure compliance with all PERM guidelines. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements 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 carried out and the outcomes accomplished, the variety of hires, and, if suitable, the variety of U.S. applicants rejected, summed up by the particular lawful job-related factors for such rejections.

If an audit is released 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 approved, the employer will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. workers readily available for the position and that the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

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 consist of the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is present.

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

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

In addition, it is at this stage that the employer will select the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for employment the position that was noted on the PERM application and the worker’s qualifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, 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, employment 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 request extra details or documents by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to identify if there is an offered green card. The real green card application can just be submitted if the recipient’s top priority date is present, meaning a green card is instantly readily available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a permit has ended up being readily available to an applicant based on their preference category, country of birth, and concern date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be released each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of permits that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This information will be used to conduct required security checks and for eventual production of a permit, work authorization (work permit) or advance parole file. The beneficiary may be alerted of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the recipient’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 beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 examine and figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The permit acts as proof of irreversible residency in the U.S.