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 process can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is an essential step to achieving that goal. In this short article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the very first step in the employment-based green card process. The process is developed to guarantee that there are no certified U.S. employees available for the position and that the foreign worker will not negatively impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly utilized workers in a particular occupation in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the location of intended work, travel requirements (if any), among other things. The dominating wage is the rate the employer must at least offer the irreversible position at. It is likewise the rate that must be paid to the employee 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 company to check the U.S. labor market through numerous recruitment methods for “able, willing, qualified, and available” U.S. employees. Generally, the company has 2 options when choosing when to begin 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 an expert or non-professional profession, require the following recruitment efforts:

– one month job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of designated work, many suitable to the profession and most likely to bring actions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive service 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 office
– Local or employment ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the company may be evaluating resumes and conducting interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, including the variety of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no competent 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 recipient’s priority date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the kind of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results accomplished, the number of hires, and, if applicable, the variety of U.S. applicants declined, summarized by the specific legal job-related reasons 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. workers readily available for the position which the beneficiary will not negatively impact the wages 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and proof of the recipient’s credentials for employment the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the employer needs to likewise 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 methods to demonstrate capability to pay:

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

In addition, it is at this phase that the company will pick the employment-based choice category 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 credentials.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an approved PERM application or I-140 petition.) The categories include:

– 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 review it and might request extra info or documentation by issuing a Demand employment for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to identify if there is a readily available permit. The actual green card application can only be filed if the beneficiary’s concern date is existing, indicating a permit is right away readily available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a green card has become readily available to an applicant based on their choice classification, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 140,000. This suggests 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 recipient’s top priority date is existing, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes looking for 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 usually involves having his/her picture and signature taken and being fingerprinted. This info will be used to conduct required security checks and for ultimate development of a green card, employment authorization (work authorization) or advance parole file. The recipient may be informed of the date, time, and area for an interview at a USCIS workplace to respond to concerns under oath or affirmation concerning his/her . Not all applications need an interview. USCIS officials will review the recipient’s case to identify if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a visit for the beneficiary’s interview when his/her concern date becomes 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 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 identify whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.