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

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is an essential action to attaining that objective. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: job PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based permit procedure. The process is designed to make sure that there are no competent U.S. employees available for the position which the foreign employee will not adversely affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise used employees in a specific profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should a minimum of provide the long-term position at. It is likewise the rate that must be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, ready, certified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The company can begin advertising (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 occupation, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a paper of basic flow in the area of designated employment, the majority of proper to the occupation and probably to bring reactions from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive business days.

In addition to the compulsory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The company must select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee referral program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the company might be evaluating resumes and carrying out interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who applied for the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no qualified 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 the recipient’s concern date and figures out his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and job Notice of Filing);.
– Copies of candidates’ resumes and job completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if appropriate, the number of U.S. applicants declined, summarized by the specific legal job-related factors 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no certified U.S. workers offered for the position and that the recipient will not negatively affect the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the company must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 ways to show 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 amounts to or greater than the proffered wage (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (annual report, income tax return, or audited financial statement).

In addition, it is at this phase 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 employee’s certifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not require an authorized PERM application or I-140 petition.) The classifications consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: job 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 may request additional info or documents by releasing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is an offered permit. The actual permit application can just be filed if the recipient’s top priority date is existing, implying a permit is instantly offered to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a permit has become readily available to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limitation on the variety 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 green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority date is present, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for job biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This information will be used to carry out required security checks and for ultimate production of a permit, employment authorization (work permit) or advance parole file. The beneficiary may be informed of the date, time, and place 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 examine the recipient’s case to determine if it fulfills one of the exceptions. If the interview is effective and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used 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 confess the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card acts as evidence of long-term residency in the U.S.