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

The employment-based permit process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those looking for irreversible residency in the U.S., it is a necessary action to accomplishing that objective. In this article, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first action in the employment-based permit process. The procedure is created to guarantee that there are no certified U.S. workers offered for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the task description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly utilized workers in a particular profession in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the employer need to a minimum of provide the long-term position at. It is also the rate that needs to be paid to the employee once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to check the U.S. labor market through different recruitment approaches for «able, prepared, certified, and available» U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment process. The company can start marketing (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 occupation, require the following recruitment efforts:

— thirty days task order with the State Workforce Agency serving the area of intended employment;
— Two Sunday print ads in a newspaper of basic flow in the area of intended work, many suitable to the profession and more than likely to bring actions from able, ready, certified, and readily available U.S. employees; and
— Notice of Filing to be posted at the job site for a period of 10 successive business days.

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

— Job Fairs
— Employer’s business site
— Job search website
— On-Campus recruiting
— Trade or professional company
— Private work companies
— Employee referral program
— Campus placement office
— Local or ethnic paper; and
— Radio or referall.us TV ad

During the recruitment procedure, the company may be reviewing resumes and carrying out interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, including the variety of U.S. workers who obtained 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 provided and recruitment is complete, the employer can send the PERM application if no competent U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient’s concern date and figures out his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL normally needs:

— Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
— Copies of applicants’ resumes and completed employment applications; and.
— A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes achieved, the number of hires, and, if appropriate, the number of U.S. candidates turned down, by the particular legal occupational 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 company will get 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 earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the choice classification and nation of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the company must also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net possessions amount to or greater than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this stage that the company will select the employment-based preference category 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 qualifications.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might not require an approved 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 documentation by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to determine if there is an available permit. The real permit application can just be filed if the beneficiary’s top priority date is current, implying a permit is instantly readily available to the recipient.

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 appeared to an applicant based upon their choice category, nation of birth, and concern date. The date the PERM application is submitted develops the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of permits that can be released 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 receive the green card.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for ultimate creation of a green card, work permission (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and place 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 review the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the beneficiary’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary 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 check and determine whether to admit the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card works as proof of irreversible residency in the U.S.