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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 procedure can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is an important action to attaining that objective. In this short article, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the initial step in the employment-based green card procedure. The process is developed to ensure that there are no certified U.S. workers offered for the position which the foreign employee will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for employment the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise employed workers in a particular occupation in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should at least offer the permanent position at. It is also the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and available” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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 location of desired employment;
– Two Sunday print advertisements in a paper of basic blood circulation in the area of intended employment, the majority of suitable to the profession and probably to bring actions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 consecutive company days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, employment including the number of U.S. employees who applied for employment the position, the number who were spoken with, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no certified 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 submitted establishes the beneficiary’s priority date and identifies his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, employment the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the results accomplished, the number of hires, and, if suitable, the variety of U.S. candidates rejected, summed up by the particular legal occupational factors for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees offered for the position which 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 authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice classification and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, the employer needs to also 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 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 amounts to or greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (annual report, employment tax return, or audited monetary declaration).

In addition, it is at this stage that the company will pick the employment-based choice 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 certifications.

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may not need 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 ask for extra info or documents by an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an available green card. The real green card application can just be filed if the beneficiary’s priority date is present, meaning a green card is right away offered to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and indicates when a green card has actually appeared to a candidate based upon their preference classification, nation of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be issued each year. That limit is presently 140,000. This indicates that in any given year, the maximum number of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is current, he/she will either go through change of status or employment consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for ultimate development of a green card, work permission (work authorization) or advance parole document. The recipient might 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 need an interview. USCIS authorities will examine the recipient’s case to figure out if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes making an application 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 concern date becomes current. If the consular officer grants the immigrant visa, the recipient 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 green card. 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 inspect and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The green card serves as proof of irreversible residency in the U.S.