The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is a necessary step to achieving that objective. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based permit procedure. The process is created to guarantee that there are no certified U.S. workers available for the position which the foreign worker will not negatively affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the job description for the sponsored position. Once the job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly employed workers in a particular occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should a minimum of provide the irreversible position at. It is also the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to check the U.S. labor market through numerous recruitment approaches for “able, ready, qualified, and readily available” U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or employment (2) after the PWD is released.

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

– 30 day task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of general circulation in the area of desired work, many appropriate to the profession and most likely to bring reactions from able, prepared, qualified, and readily 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 compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer needs to choose 3 of the following:

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

During the recruitment process, the employer might be evaluating resumes and performing interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who requested the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no qualified 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 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 required to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control procedure in the kind of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (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 actions undertaken and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. applicants rejected, summed up by the specific legal job-related factors for such rejections.

If an audit is issued 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 get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees available for the position and that the recipient will not negatively impact the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the company should also show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equivalent to or higher than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net possessions amount to or greater 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 preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted 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 might not need an authorized PERM application or I-140 petition.) The categories include:

– 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: employment Immigrant Investors

After the I-140 petition is submitted, USCIS will review it and may ask for additional info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

Every month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and when a permit has ended up being readily available to an applicant based on their choice category, nation of birth, and priority date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate development of a green card, work authorization (work permit) or advance parole document. The recipient might be informed of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to determine if it meets one of the exceptions. If the interview succeeds and employment USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up an appointment for the beneficiary’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided 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 check and figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card acts as evidence of irreversible residency in the U.S.