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 permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is an important action to achieving that objective. In this post, we will go through the steps of the employment-based permit process in information.

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 created to guarantee that there are no qualified U.S. employees readily available for the position and that the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing 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 defined as the average wage paid to likewise employed workers in a specific profession in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to a minimum of use the permanent position at. It is likewise the rate that should be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through numerous recruitment methods for “able, willing, qualified, and available” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment process. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– one month task order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a paper of general flow in the location of designated employment, many proper to the profession and more than likely to bring actions from able, ready, qualified, employment and offered U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The company should pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee referral program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, including the number of U.S. employees who got the position, employment the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no qualified 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 filed establishes the beneficiary’s concern date and figures out his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the number of hires, and, if appropriate, the number of U.S. candidates turned down, summed up by the specific legal job-related 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees available for the position and that the recipient will not negatively impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the choice classification and nation of birth, a beneficiary may be eligible to submit 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 phase, employment the employer should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the is filed to the time the permit is provided. There are 3 ways to demonstrate capability 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 business’s earnings amounts to or higher than the proffered wage (annual report, income tax return, or employment audited financial statement); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the employer will pick the employment-based preference category for employment the sponsored position. The category depends on 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 green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not require an approved PERM application or I-140 petition.) The categories 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 evaluate it and may ask for extra information or documentation by issuing 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 permit. The real green card application can just be submitted if the beneficiary’s top priority date is present, suggesting a green card is right away available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a permit has actually become readily available to an applicant based on their choice classification, nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves getting the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This info will be utilized to conduct required security checks and for eventual production of a green card, work authorization (work license) or advance parole file. 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 evaluate the beneficiary’s case to determine if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 check and determine whether to admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card acts as proof of irreversible residency in the U.S.