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 enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is an important action to achieving that . In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit process. The process is created to ensure that there are no qualified U.S. workers offered 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 begins the PERM process by drafting the job description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise utilized workers in a particular occupation in the area of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least provide the permanent position at. It is likewise the rate that must 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 need a sponsoring employer to evaluate the U.S. labor market through numerous recruitment techniques for “able, ready, certified, and offered” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment process. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of general blood circulation in the location of designated work, many proper to the profession and probably to bring responses 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 successive company days.

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

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company might be examining resumes and carrying out interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who obtained the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can submit the PERM application if no certified 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 filed establishes the recipient’s concern date and determines his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to make sure compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results attained, the variety of hires, and, if suitable, the variety of U.S. applicants rejected, summed up by the specific lawful job-related reasons for such rejections.

If an audit is provided 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 receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position and that the recipient will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

At the I-140 petition stage, the employer should likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to demonstrate capability 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 earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets are equal to or greater than the proffered wage (annual report, tax return, or audited monetary declaration).

In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories 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 evaluate it and might request extra info or paperwork by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an offered permit. The actual green card application can just be submitted if the recipient’s top priority date is current, meaning a green card is immediately offered to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and suggests when a permit has ended up being offered to an applicant based on their choice classification, nation of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be provided each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a modification of status application is submitted (Form I-485), referall.us the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This info will be used to perform required security checks and for ultimate creation of a green card, employment permission (work license) or advance parole document. The recipient may be informed of the date, time, and place for an interview at a USCIS office to respond to concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to determine if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace 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 beneficiary 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 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 identify whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit acts as proof of permanent residency in the U.S.