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

The employment-based green card procedure is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those seeking irreversible residency in the U.S., it is a necessary step to attaining that objective. 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 process is generally the initial step in the employment-based green card procedure. The process is designed to make sure that there are no qualified U.S. employees available for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for employment the sponsored position. Once the task details are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly employed workers in a particular profession in the location of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should at least provide the irreversible position at. It is also the rate that needs to be paid to the employee once the green card is gotten. 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 approaches for « able, willing, qualified, and readily available » U.S. workers. Generally, the employer has 2 options when choosing when to begin the recruitment process. The employer can begin marketing (1) while the dominating 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 job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of desired employment, many appropriate to the profession and more than likely to bring actions from able, prepared, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive service days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The company should select 3 of the following:

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

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who requested the position, employment the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can submit 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 filed establishes the recipient’s top priority date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. candidates rejected, summarized by the particular legal occupational reasons for such rejections.

If an audit is released 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 authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position and that the recipient will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition stage, the company 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 issued. 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 company’s net earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties are equivalent 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 choose the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an authorized 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 request extra details or documentation by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is a readily available green card. The real green card application can just be submitted if the recipient’s top priority date is current, suggesting a permit is instantly offered to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a permit has actually appeared to a candidate based on their preference category, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s top 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 permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and for eventual production of a green card, work authorization (work permit) or advance parole document. The recipient may be alerted of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves making an for the permit at a U.S. consulate in the recipient’s home country. The consular office sets up a visit for employment the recipient’s interview when his/her priority date ends up being 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 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 inspect and figure out whether to admit the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The green card functions as proof of permanent residency in the U.S.