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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first action in the employment-based permit procedure. The procedure is developed to make sure that there are no qualified U.S. workers readily 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 company begins the PERM procedure by preparing the job description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise used workers in a specific occupation in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, 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 should a minimum of provide the long-term position at. It is also the rate that needs to be paid to the worker once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through various recruitment approaches for “able, prepared, certified, and readily available” U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment process. The company can start advertising (1) while the dominating 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:

– 1 month job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a paper of basic flow in the area of intended work, the majority of proper to the occupation and more than likely to bring actions from able, willing, certified, employment and available U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive service days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:

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

During the recruitment procedure, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, including the variety of U.S. workers who applied for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor employment Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no qualified 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 beneficiary’s concern date and determines his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the outcomes accomplished, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summarized by the particular lawful job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees offered for the position which the beneficiary will not adversely affect the wages and working conditions of U.S. employees.

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 needs to consist of the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is current.

At the I-140 petition stage, the company should also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets 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 company will choose the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for employment the position that was listed on the PERM application and the staff member’s certifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, employment some categories may not need 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 submitted, USCIS will examine it and may request additional info or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to determine if there is an offered permit. The actual permit application can just be submitted if the beneficiary’s concern date is current, suggesting a green card is right away available to the recipient.

Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has actually appeared to a candidate based on their choice classification, nation of birth, and concern date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the optimum number of green cards that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for ultimate development of a permit, employment employment authorization (work license) or advance parole document. The beneficiary might be informed of the date, time, employment and place for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing includes looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a consultation for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 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 determine whether to confess the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The permit works as proof of in the U.S.