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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 permanently in the U.S. The procedure can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is an important step to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the very first action in the employment-based permit procedure. The process is designed to ensure that there are no qualified U.S. employees offered for the position which the foreign worker will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the task 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 similarly utilized workers in a specific occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least use the long-term position at. It is also the rate that should be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to evaluate the U.S. labor employment market through various recruitment approaches for “able, ready, qualified, and offered” U.S. employees. Generally, the employer has 2 options when choosing when to start the recruitment process. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– one month task order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of basic flow in the area of desired work, employment the majority of suitable to the profession and more than likely to bring responses from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive business days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The employer must select 3 of the following:

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

During the recruitment procedure, the company might be evaluating resumes and performing interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who requested the position, the number who were talked to, and the reasons 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. 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 establishes the beneficiary’s top priority date and figures out his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the kind of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results achieved, the number of hires, and, if suitable, the number of U.S. candidates declined, summed up by the specific legal occupational factors for such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, employment the company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. workers readily available for the position and that the recipient will not adversely affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is present.

At the I-140 petition stage, the employer needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equivalent to or greater than the proffered wage (annual 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 (annual report, income tax return, or audited financial statement).

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

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

– EB-1: employment 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 submitted, USCIS will examine it and might request additional information or documentation by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is an offered green card. The real permit application can only be submitted if the beneficiary’s concern date is existing, implying a green card is instantly available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has actually appeared to an applicant based upon their preference classification, nation of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is existing, he/she will either go through change of status or consular processing to get the green card.

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 notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for eventual development of a permit, employment authorization (work permit) or advance parole file. The beneficiary may be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a consultation for the recipient’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and identify whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit acts as proof of long-term residency in the U.S.