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 process can be made complex and lengthy, however for those seeking long-term residency in the U.S., it is an important action to that goal. In this short article, employment we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based permit process. The process is developed to guarantee that there are no qualified U.S. workers readily available for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed workers in a specific occupation in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the area of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must a minimum of provide the permanent position at. It is likewise the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, prepared, qualified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– 1 month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a paper of general circulation in the location of desired employment, a lot of suitable to the profession and probably to bring responses from able, prepared, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive business days.

In addition to the compulsory recruitment discussed 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 site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private work companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, employment the company might be evaluating resumes and carrying out interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who requested the position, the number who were talked to, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no competent U.S. workers 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)

An employer is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the kind of audits to ensure compliance with all PERM regulations. In case of an audit, employment the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the results accomplished, the variety of hires, and, if suitable, the variety of U.S. applicants turned down, summarized by the particular legal occupational reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will get it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. workers available for the position which the recipient will not adversely affect the salaries 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may 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 demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to demonstrate ability to pay:

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

In addition, it is at this stage that the employer will select the employment-based preference 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 several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need 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, employment 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 may ask for extra details or documentation by issuing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an available permit. The actual permit application can only be submitted if the beneficiary’s priority date is present, suggesting a permit is instantly offered to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a permit has appeared to an applicant based on their preference classification, nation of birth, and priority date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be released each year. That limit is currently 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 recipient’s concern date is current, he/she will either go through change of status or employment consular processing to get 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 submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for ultimate development of a permit, work authorization (work authorization) or advance parole document. The beneficiary might be notified of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to figure out if it satisfies one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up an appointment for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary 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 examine and determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card acts as evidence of long-term residency in the U.S.