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 completely in the U.S. The process can be complicated and lengthy, but for those looking for permanent residency in the U.S., it is a necessary step to attaining that objective. In this short 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 typically the very first step in the employment-based permit procedure. The process is designed to ensure that there are no qualified U.S. workers readily available for the position and that the foreign employee will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the task details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized employees in a particular profession in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least offer the long-term position at. It is also the rate that should be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through various recruitment techniques for “able, prepared, qualified, and readily available” U.S. employees. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The company can start marketing (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:

– thirty days job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print advertisements in a newspaper of general circulation in the area of intended employment, many suitable to the occupation and probably to bring reactions from able, employment ready, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 successive business days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer should choose 3 of the following:

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

During the recruitment procedure, the employer may be examining resumes and conducting interviews of U.S. employees. The company must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were talked to, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no competent 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 filed develops the recipient’s top priority date and identifies his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the type of audits to guarantee compliance with all PERM regulations. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the results attained, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summed up by the specific lawful occupational 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 company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees readily available for the position and that the recipient will not adversely affect the earnings 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 approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the company should also its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s 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 possessions are equal to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will choose the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not require an authorized 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 might request extra details or documentation by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an offered green card. The actual permit application can only be filed if the recipient’s top priority date is present, implying a green card is right away readily available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and indicates when a permit has actually appeared to a candidate based on their preference classification, country of birth, and priority date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based migration 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 optimum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern date is existing, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which usually 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, employment authorization (work permit) or advance parole file. The recipient may be informed of the date, time, and location for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to determine if it meets among the exceptions. If the interview is effective and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes an appointment for the beneficiary’s interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, the recipient is offered 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 present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit acts as evidence of long-term residency in the U.S.