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 enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those looking for irreversible residency in the U.S., it is an essential step to achieving that objective. 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 procedure is generally the initial step in the employment-based green card process. The procedure is developed to guarantee that there are no qualified U.S. workers readily available for the position and that the foreign employee will not negatively affect the wages and employment working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized employees in a specific occupation in the location of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for employment the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to at least offer the irreversible position at. It is also the rate that must be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through various recruitment approaches for “able, willing, certified, and available” U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print ads in a newspaper of general flow in the area of designated employment, many proper to the profession and most likely to bring responses from able, willing, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 successive service days.

In addition to the obligatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The employer needs to choose 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and conducting interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, including the number of U.S. workers who requested 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 released 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 develops the beneficiary’s concern date and figures out his/her location in line in the permit 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 executes a quality control process in the form of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes attained, the number of hires, and, if suitable, employment the variety of U.S. candidates rejected, summed up by the particular lawful job-related factors for such rejections.

If an audit is released 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 company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position which the beneficiary will not adversely impact the wages and working conditions of U.S. employees.

Step 2: employment I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to submit 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 credentials for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top date is current.

At the I-140 petition phase, the employer needs to also demonstrate its capability 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 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 company’s net earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net possessions are equal to or higher than the proffered wage (yearly report, tax return, or employment audited monetary declaration).

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

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, 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 filed, USCIS will evaluate it and may 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 authorized, the recipient will examine the Visa Bulletin to figure out if there is an offered permit. The real permit application can just be filed if the recipient’s top priority date is existing, suggesting a permit is immediately offered to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and indicates when a green card has actually become available to a candidate based on their choice classification, nation of birth, and concern date. The date the PERM application is filed 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 limit is presently 140,000. This means that in any given year, the maximum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes requesting the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is notified 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 utilized to perform necessary security checks and for ultimate development of a permit, employment permission (work permit) or advance parole file. The recipient might be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to determine if it meets one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a consultation for the recipient’s interview when his/her top priority date ends up being existing. 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 permit. 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 identify whether to admit the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.