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 enables foreign nationals to live and work permanently in the U.S. The process can be made complex and employment prolonged, however for those looking for permanent residency in the U.S., employment it is a necessary action to attaining that goal. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based green card process. The process is created to ensure that there are no certified U.S. employees offered for the position and that the foreign worker will not adversely impact the wages 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 information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The rate is specified as the average wage paid to likewise utilized workers in a particular occupation in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific 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 employer need to a minimum of provide the permanent position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to evaluate the U.S. labor market through numerous recruitment methods for “able, prepared, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for employment a professional or non-professional profession, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print advertisements in a newspaper of basic flow in the location of desired employment, many appropriate to the profession and probably to bring actions from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the employer may be examining resumes and performing interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, the number who were spoken with, employment 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 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 top priority date and figures out his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the type of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads put and employment Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results achieved, the variety of hires, and, if applicable, the number of U.S. candidates turned down, summed up by the specific legal occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are included to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers readily available for the position and that the recipient will not adversely impact the earnings 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 approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice category and 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 current.

At the I-140 petition phase, the company must likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to show capability to pay:

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

In addition, it is at this stage that the employer will choose the employment-based choice category 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 numerous classifications of employment-based permits, 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 include:

– 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 request additional details or documents by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is a readily available green card. The real permit application can only be submitted if the recipient’s concern date is existing, indicating a green card is instantly readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a green card has actually appeared to an applicant based on their choice classification, country of birth, and priority date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limit is currently 140,000. This means that in any given year, the optimum number of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the permit 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 normally involves having his/her picture and signature taken and being fingerprinted. This information will be used to carry out required security checks and for ultimate production of a permit, employment authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to determine if it meets one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes using for the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her top priority date becomes current. 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 beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit serves as proof of permanent residency in the U.S.