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

The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those looking for permanent residency in the U.S., it is a vital action to achieving that goal. In this article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based permit procedure. The procedure is developed to ensure that there are no competent U.S. employees readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the job information are settled, employment a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly used workers in a particular profession in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of designated work, travel requirements (if any), among other things. The prevailing wage is the rate the employer must at least provide the long-term position at. It is also the rate that needs to be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to test the U.S. labor market through numerous recruitment methods for “able, ready, certified, and offered” U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– thirty days job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a newspaper of basic circulation in the area of intended employment, most appropriate to the profession and probably to bring responses from able, ready, qualified, employment and available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s company site
– site
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be examining resumes and carrying out interviews of U.S. workers. The employer needs to keep comprehensive records of their recruitment efforts, including the number of U.S. workers who applied for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can send the PERM application if no certified U.S. workers 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 recipient’s priority date and identifies his/her location in line in the green card visa line.

Respond 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 carries out a quality control process in the kind of audits to make sure compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the results attained, the number of hires, and, if relevant, the variety of U.S. applicants turned down, summed up by the specific legal occupational factors for such rejections.

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

Step 2: employment I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the company must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to demonstrate ability 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 earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets are equal to or higher than the proffered wage (yearly report, tax return, or audited monetary statement).

In addition, it is at this phase that the company will pick the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories 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 employment 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 ask for extra info or paperwork by providing a Demand for employment Evidence (RFE).

Step 3: employment Permit Application

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

Monthly, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a permit has appeared to an applicant based on their choice classification, nation of birth, and priority date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be provided 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 receive the permit.

Adjustment of Status

Adjustment of status involves getting the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This info will be utilized to perform necessary security checks and for eventual production of a green card, employment permission (work permit) or advance parole document. The beneficiary may be informed of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine 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 get the permit.

Consular Processing

Consular processing involves using for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up an appointment for the recipient’s interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used 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 confess the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The permit serves as proof of long-term residency in the U.S.