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 complicated and lengthy, however for those seeking permanent residency in the U.S., it is a necessary step to achieving that goal. In this post, 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 normally the initial step in the employment-based permit process. The process is designed to ensure that there are no qualified U.S. workers readily available for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the task details are completed, a prevailing wage application is sent 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 designated work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the area of designated employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer must a minimum of provide the irreversible position at. It is likewise the rate that should be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

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

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a newspaper of general flow in the location of designated employment, the majority of proper to the profession and probably to bring responses from able, willing, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive company days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company must select 3 of the following:

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

During the recruitment process, the employer might be examining resumes and conducting interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, including the number of U.S. workers who got the position, the number who were interviewed, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can send the PERM application if no qualified 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 submitted develops the recipient’s 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 required to submit supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the type of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results attained, the number of hires, and, if applicable, the variety of U.S. candidates turned down, summarized by the specific lawful occupational factors 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 receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees readily available for the position which the beneficiary will not adversely impact the wages and referall.us working conditions of U.S. workers.

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 needs to include the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference classification and country of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is existing.

At the I-140 petition stage, the company should also show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to show 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 net earnings is equal to or greater 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 higher than the proffered wage (yearly report, tax return, or audited financial statement).

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

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an approved 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: adremcareers.com Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and might ask for additional info or documents by issuing a Request 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 offered green card. The real green card application can just be filed if the beneficiary’s priority date is present, indicating a permit is right away offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and somalibidders.com suggests when a permit has actually appeared to a candidate based upon their preference category, country of birth, and priority date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be provided each year. That limitation is 140,000. This means that in any given year, the maximum variety of green cards 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 modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate production of a permit, work permission (work permit) or advance parole document. The recipient might be alerted of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to determine if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes using for the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment 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 given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 inspect and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit serves as evidence of permanent residency in the U.S.