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

The employment-based green card process is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, but for those seeking irreversible residency in the U.S., it is an essential step to accomplishing that objective. In this post, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the initial step in the employment-based permit procedure. The procedure is designed to ensure that there are no certified U.S. employees readily available for the position which the foreign worker will not adversely affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon 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 must a minimum of use the permanent position at. It is likewise the rate that must be paid to the employee 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 employer to test the U.S. labor market through different recruitment methods for “able, ready, qualified, and readily available” U.S. employees. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The company can begin advertising (1) while the prevailing 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:

– 30 day task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a newspaper of general circulation in the location of desired work, the majority of suitable to the occupation and probably to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive organization days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
business site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who got the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit 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 filed develops the recipient’s priority date and determines his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements 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 outcomes achieved, the variety of hires, and, if suitable, the number of U.S. applicants declined, summarized by the particular legal job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the total 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 approved PERM/Labor Certification verifies that there are no certified U.S. employees readily available for the position and that the recipient will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition phase, the company should likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net properties are equivalent to or higher than the proffered wage (yearly report, tax return, or audited monetary statement).

In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories may not require 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: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might ask for additional info or documents by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available permit. The real permit application can only be submitted if the recipient’s concern date is present, indicating a green card is instantly available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has become available to an applicant based on their choice classification, country of birth, and concern date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This implies that in any given year, the optimum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority date is existing, he/she will either go through modification 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 change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This info will be utilized to carry out required security checks and for ultimate production of a green card, work authorization (work license) or advance parole document. The beneficiary may be informed of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to determine if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home nation. 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 beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The recipient 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 figure out whether to admit the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit works as evidence of irreversible residency in the U.S.