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The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure 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 lengthy, however for those looking for long-term residency in the U.S., it is an important step to accomplishing that goal. In this article, we will go through the actions of the employment-based permit process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is generally the initial step in the employment-based permit process. The process is created to ensure that there are no qualified U.S. employees available for the position which the foreign employee will not negatively affect the salaries and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized employees in a specific profession in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least offer the irreversible position at. It is also the rate that needs to be paid to the worker once the permit is gotten. Current processing times for employment dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, ready, qualified, and offered” U.S. employees. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The employer can start marketing (1) while the prevailing 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 job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print advertisements in a paper of general blood circulation in the area of designated work, most proper to the profession and probably to bring reactions from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job website for a period of 10 consecutive organization days.
In addition to the compulsory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The company should pick 3 of the following:
– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus positioning workplace
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. employees. The employer must keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who made an application for the position, the number who were spoken with, and the reasons that they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is released and recruitment is complete, the company can submit the PERM application if no certified 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 filed develops the recipient’s concern date and identifies his/her place in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the kind of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL generally requires:
– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results accomplished, employment the variety of hires, employment and, if applicable, the variety of U.S. candidates turned down, summarized by the specific lawful job-related factors for such rejections.
If an audit is released on a case, 3 to 4 months are included to the overall 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 approved PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position which the recipient will not negatively affect the wages and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually 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 beneficiary’s certifications for the sponsored position. Please note, depending upon the preference classification and nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is present.
At the I-140 petition stage, the employer must likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate ability to pay:
1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings is equal to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (yearly report, tax return, or audited financial statement).
In addition, it is at this phase that the company will select the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for employment the position that was listed on the PERM application and the worker’s certifications.
There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an authorized PERM application or I-140 petition.) The classifications include:
– EB-1: employment Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: employment 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 evaluate it and may request extra information or documentation by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an available green card. The actual permit application can only be filed if the recipient’s concern date is current, suggesting a permit is instantly readily available to the beneficiary.
Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a green card has actually become available to a candidate based on their choice category, employment nation of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be provided each year. That limitation is currently 140,000. This indicates that in any given year, the maximum number of green cards that can be released to employment-based candidates 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 includes requesting the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This details will be used to carry out required security checks and for eventual creation of a permit, work authorization (work permit) or advance parole file. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the recipient’s case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves making an application for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her concern date becomes current. 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 used 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 inspect and figure out whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit acts as evidence of long-term residency in the U.S.