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

The employment-based green card process is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an important step to accomplishing that objective. In this post, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the initial step in the employment-based permit procedure. The procedure is created to guarantee that there are no certified U.S. workers readily available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used workers in a specific occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company should at least provide the long-term position at. It is likewise the rate that needs to be paid to the worker 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 company to evaluate the U.S. labor market through various recruitment approaches for “able, prepared, certified, and readily available” U.S. workers. Generally, the employer has 2 choices when deciding 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 a professional or non-professional profession, need the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the location of intended work, the majority of proper to the occupation and most likely to bring responses from able, prepared, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive company days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company needs to select 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the employer may be examining resumes and conducting interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the variety of U.S. workers who made an application for the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no competent U.S. employees 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 priority date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the form of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the results accomplished, the variety of hires, and, if relevant, the number of U.S. candidates turned down, summed up 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 employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers available for the position and that the recipient will not negatively impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has 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 evidence of the recipient’s certifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is current.

At the I-140 petition phase, the employer needs to also show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate 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 company’s net income is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets are equivalent to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not require 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: somalibidders.com Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will examine it and may request additional details or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and shows when a green card has ended up being readily available to an applicant based upon their preference category, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the maximum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes applying for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her photo and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for eventual creation of a green card, employment permission (work authorization) or advance parole document. The recipient might be notified of the date, time, and place for an interview at a USCIS workplace to answer concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it fulfills among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up a visit for the recipient’s interview when his/her priority date becomes . If the consular officer grants the immigrant visa, the recipient is provided 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 inspect and figure out whether to confess the recipient into the U.S. If admitted, referall.us the recipient will receive the green card in the mail. The green card serves as proof of irreversible residency in the U.S.