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 enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for those seeking long-term residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the steps of the employment-based permit process in information.


Step 1: PERM/Labor Certification


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


Submit the Prevailing Wage Application


The company begins the PERM procedure by drafting the task description for the sponsored position. Once the job details are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise used employees in a specific occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer need to at least provide the irreversible position at. It is likewise the rate that needs to be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.


Conduct the Recruitment Process


PERM guidelines need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for "able, willing, qualified, and offered" U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.


All PERM applications, whether for a professional or non-professional profession, need the following recruitment efforts:


- 1 month job order with the State Workforce Agency serving the area of desired work;
- Two Sunday print ads in a paper of basic blood circulation in the location of designated employment, a lot of proper to the profession and most likely to bring reactions from able, ready, certified, and readily available U.S. employees; and
- Notice of Filing to be published at the job website for a duration of 10 consecutive business days.


In addition to the mandatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company needs to pick 3 of the following:


- Job Fairs
- Employer's business website
- Job search site
- On-Campus recruiting
- Trade or professional organization
- Private employment firms
- Employee recommendation program
- Campus placement office
- Local or ethnic newspaper; and
- Radio or TV advertisement


During the recruitment process, the employer might be evaluating resumes and conducting interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were talked to, and the factors why they were not hired.


Submit the PERM/Labor Certification Application


After the PWD is released and recruitment is total, the employer can send the PERM application if no competent U.S. employees 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 beneficiary's priority date and figures out his/her place in line in the permit visa line.


React To PERM/Labor Certification Audit (if any)


A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality control process in the kind of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically needs:


- Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
- Copies of applicants' resumes and completed work applications; and.
- A recruitment report signed by the employer explaining the recruitment steps undertaken and the results achieved, the number of hires, and, if relevant, the variety of U.S. candidates declined, summed up by the specific legal job-related reasons for such rejections.


If an audit is issued on a case, 3 to 4 months are contributed 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 confirms that there are no competent U.S. employees available for the position and that the beneficiary will not adversely impact the earnings and working conditions of U.S. workers.


Step 2: I-140 Immigrant Petition


Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and evidence of the recipient's certifications for the sponsored position. Please note, depending on the preference category and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is existing.


At the I-140 petition stage, employment the company should likewise demonstrate its ability 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 ways to demonstrate ability to pay:


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


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


There are numerous categories of employment-based permits, employment and each has its own set of requirements. (Please note, some classifications might not require an authorized PERM application or I-140 petition.) The categories 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 examine it and might ask for additional details or documentation by releasing a Request for Evidence (RFE).


Step 3: Green Card Application


Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an available permit. The actual permit application can only be filed if the beneficiary's top priority date is current, suggesting a permit is right away offered to the recipient.


On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based upon their preference category, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary's top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be issued each year. That limit is currently 140,000. This indicates that in any given year, the optimum number of green cards that can be released to employment-based applicants and their dependents is 140,000.


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


Adjustment of Status


Adjustment of status includes using for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for employment biometrics collection, which typically includes having his/her picture and employment signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for ultimate production of a permit, employment permission (work license) or advance parole file. The recipient might be alerted of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary's case to figure out if it meets one of the exceptions. If the interview achieves success and USCIS authorizes the application, the will get the permit.


Consular Processing


Consular processing includes obtaining the permit at a U.S. consulate in the recipient's home nation. The consular office sets up a consultation for the recipient'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 utilized 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 examine and determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card functions as proof of irreversible residency in the U.S.