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

The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work completely 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 an important action to accomplishing that goal. In this article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based green card process. The procedure is developed to guarantee that there are no qualified U.S. workers offered for the position which the foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the task description for the sponsored position. Once the task details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise employed workers in a particular profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must a minimum of use the permanent position at. It is also the rate that must be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to evaluate the U.S. labor market through various recruitment techniques for “able, ready, certified, and readily available” U.S. employees. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The company can start 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 profession, require the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the area of designated work, most suitable to the profession and probably to bring actions from able, employment prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the job site for a duration 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 choose 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The company should keep in-depth records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were talked to, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no qualified 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 establishes the recipient’s concern date and identifies his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

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

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if applicable, the number of U.S. applicants turned down, summed up by the specific lawful job-related reasons 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 authorized, the company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees available for the position and that the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

Step 2: employment I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending on the choice category and nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the employer needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to show capability to pay:

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

In addition, it is at this phase that the employer will select the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.

There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not require an authorized PERM application or I-140 petition.) The classifications 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 may request additional information or documents by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is a readily available green card. The actual permit application can just be filed if the recipient’s concern date is present, implying a green card is right away available to the recipient.

Every month, employment the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a green card has actually appeared to an applicant based upon their choice category, country of birth, and priority date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be released each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of permits that can be released to employment-based applicants and employment their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves applying for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for eventual development of a green card, employment permission (work permit) or advance parole document. The recipient might 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 application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves applying for 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 existing. If the consular officer grants the visa, the beneficiary is offered 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 check and identify whether to admit the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit acts as evidence of permanent residency in the U.S.