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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 allows foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those seeking long-term residency in the U.S., it is a necessary step to achieving that goal. In this post, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the very first action in the employment-based green card process. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position which the foreign employee will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise used workers in a particular profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the company must at least use the irreversible position at. It is likewise the rate that must be paid to the employee once the permit is received. Current processing times for employment prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through various recruitment approaches for “able, willing, certified, and offered” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for employment an expert or non-professional occupation, 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 paper of basic flow in the area of intended work, a lot of suitable to the profession and more than likely to bring actions from able, ready, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job website for a period of 10 successive organization days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company must select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer may be reviewing resumes and performing interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were spoken with, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send 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 location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the kind of audits to guarantee compliance with all PERM guidelines. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of ads put 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 accomplished, the number of hires, and, if relevant, the variety of U.S. applicants declined, summarized by the particular legal job-related factors for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees readily available for the position and that the recipient will not negatively affect the salaries 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 must include the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a may be qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the employer must likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to demonstrate capability to pay:

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

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an approved 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 may request extra details or documents by issuing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to figure out if there is an offered green card. The real green card application can only be submitted if the beneficiary’s priority date is current, implying a green card is immediately readily available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a green card has actually appeared to a candidate based upon their preference classification, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, employment the maximum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the green card 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 involves having his/her picture 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, work authorization (work authorization) 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 employment affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing includes applying for the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The permit works as proof of irreversible residency in the U.S.