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

The employment-based green card process is a multi-step process that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for those seeking permanent residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first step in the employment-based permit process. The process is created to guarantee that there are no competent U.S. employees readily available for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the task description for the sponsored position. Once the task information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly employed workers in a specific profession in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the permanent position at. It is also the rate that must be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through different recruitment approaches for “able, prepared, qualified, and offered” U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment procedure. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a paper of basic blood circulation in the location of designated employment, most appropriate to the occupation and more than likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The company needs to choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer might be examining resumes and carrying out interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, including the variety of U.S. workers who requested the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send the PERM application if no certified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary’s top priority date and determines his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the type of audits to make sure compliance with all PERM policies. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and employment the results achieved, the variety of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific legal job-related factors for such rejections.

If an audit is provided 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers available for the position which the beneficiary will not adversely impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the employer should likewise show 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 show ability to pay:

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

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

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 need an approved PERM application or I-140 petition.) The classifications include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: employment 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 examine it and might ask for extra information or documentation by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to figure out if there is an offered green card. The real green card application can only be submitted if the beneficiary’s top priority date is present, indicating a permit is immediately offered to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based on their preference classification, country of birth, and concern date. The date the PERM application is submitted develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves getting the permit while in the U.S. After a modification of is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate development of a permit, employment permission (work authorization) or advance parole file. The recipient may be informed of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to figure out if it satisfies one of the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up an appointment for the recipient’s interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used 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 figure out whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card functions as evidence of permanent residency in the U.S.