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 complicated and prolonged, however for those seeking permanent residency in the U.S., it is an essential action to accomplishing that goal. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor employment Certification procedure is usually the very first action in the employment-based permit process. The procedure is developed to make sure that there are no certified U.S. employees readily available for the position which the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the task description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor employment (DOL). The dominating wage rate is specified as the average wage paid to similarly in a specific occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least provide the permanent position at. It is likewise the rate that needs to be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

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

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

– one month job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a paper of general flow in the location of desired work, many suitable to the occupation and employment more than likely to bring reactions from able, prepared, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 consecutive service days.

In addition to the obligatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer must pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or employment expert company
– Private work firms
– Employee recommendation program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, including the number of U.S. employees who looked for the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can send the PERM application if no certified U.S. employees 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 priority date and identifies his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality control process in the type of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates‘ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the variety of U.S. candidates declined, summarized by the particular legal job-related factors for employment 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. employees readily available for the position which the recipient will not negatively impact the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the employer must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 methods to show ability to pay:

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

In addition, it is at this phase that the employer will select 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 employee’s credentials.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not require 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 review it and may request additional information or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is an offered green card. The real permit application can only be filed if the recipient’s priority date is current, indicating a permit is immediately available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a green card has appeared to an applicant based on their preference category, nation of birth, and concern date. The date the PERM application is submitted establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be provided each year. That limitation is presently 140,000. This means that in any given year, the optimum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves getting the permit while in the U.S. After an adjustment 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 picture and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for eventual creation of a green card, employment permission (work authorization) or advance parole file. The recipient may be alerted of the date, time, and area for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to identify if it meets among the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes using for the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes an appointment for the beneficiary’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is given 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 figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card works as proof of permanent residency in the U.S.