Compass Framework

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

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking irreversible residency in the U.S., it is a necessary action to achieving that goal. 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 typically the very first step in the employment-based permit process. The procedure is created to make sure that there are no qualified U.S. employees offered for the position and that 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 job description for the sponsored position. Once the task details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly employed workers in a particular profession in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer should a minimum of offer the long-term position at. It is likewise 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 need a sponsoring company to evaluate the U.S. labor employment market through numerous recruitment approaches for “able, prepared, qualified, and readily available” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or employment (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a paper of general blood circulation in the area of intended employment, most proper to the profession and more than likely to bring actions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be published at the job site for employment a period of 10 consecutive company days.

In addition to the necessary recruitment discussed above, the DOL requires 3 additional recruitment efforts to be posted. The employer should pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment companies
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be reviewing resumes and conducting interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, including the number of U.S. workers who requested the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send the PERM application if no qualified 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 beneficiary’s top priority date and determines his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance procedure in the kind of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if suitable, the number of U.S. candidates declined, summarized by the particular lawful occupational reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees available for employment the position and that the beneficiary will not negatively affect the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition stage, the company needs to likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to show capability to pay:

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

In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker’s credentials.

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

– 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 ask for additional information or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to identify if there is an available permit. The real permit application can just be submitted if the beneficiary’s top priority date is current, meaning a green card is right away readily available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a green card has actually appeared to a candidate based upon their preference classification, country of birth, and concern date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based immigration system, employment Congress set a limitation on the number of green cards that can be issued each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of permits that can be issued to employment-based applicants and employment their dependents is 140,000.

Once the beneficiary’s top priority date is current, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is 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 conduct required security checks and for eventual production of a green card, employment authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes a visit for the beneficiary’s interview when his/her priority date becomes present. If the consular officer grants the immigrant 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 green card. 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 determine whether to confess the recipient into the U.S. If admitted, the recipient will receive the green card in the mail. The permit works as evidence of irreversible residency in the U.S.