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 allows foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is a vital action to attaining that goal. In this article, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based permit procedure. The procedure is developed to make sure that there are no qualified U.S. workers offered for the position which the foreign worker will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the task description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used workers in a specific occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should a minimum of offer the permanent position at. It is also the rate that should 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 guidelines require a sponsoring company to test the U.S. labor market through various recruitment techniques for “able, prepared, certified, and offered” U.S. employees. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of basic circulation in the area of intended employment, a lot of proper to the occupation and most likely to bring reactions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 consecutive organization days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The company should pick 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and performing interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who obtained the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no qualified 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 establishes the beneficiary’s top priority date and identifies his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the form of audits to guarantee compliance with all PERM policies. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results accomplished, the variety of hires, and, if applicable, the number of U.S. candidates rejected, summed up by the particular lawful job-related factors for such rejections.

If an audit is provided 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 approved, the company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees available for the position and that the beneficiary will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the has been approved, the next step is to file 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 recipient’s qualifications for the sponsored position. Please note, depending on the preference classification 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 top priority date is current.

At the I-140 petition stage, the company should likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 ways to demonstrate ability to pay:

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

In addition, it is at this phase that the employer will choose the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the staff member’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 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 submitted, USCIS will examine it and might ask for additional information or documentation by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to identify if there is an available permit. The real permit application can only be filed if the recipient’s priority date is present, implying a green card is right away offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a permit has actually appeared to an applicant based upon their choice classification, nation of birth, and referall.us top priority date. The date the PERM application is submitted develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be released each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of permits that can be provided 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 adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes using for 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 generally involves having his/her picture and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for eventual production of a permit, work permission (work license) or advance parole document. The beneficiary may be notified of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a consultation for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary 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 permit. The recipient 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 beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card works as proof of permanent residency in the U.S.