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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 permits foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, employment however for those looking for permanent residency in the U.S., it is an essential step to accomplishing that objective. In this short article, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the very first action in the employment-based permit process. The process is developed to ensure that there are no qualified U.S. employees available for the position and employment that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise used employees in a specific profession in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must at least provide the irreversible position at. It is also the rate that should be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, ready, certified, and available” U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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 intended work;
– Two Sunday print ads in a paper of basic blood circulation in the area of desired employment, many suitable to the profession and probably to bring reactions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task site for a period of 10 successive organization days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The company must choose 3 of the following:

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

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, including the number of U.S. workers who looked for the position, the number who were interviewed, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company 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 filed establishes the recipient’s concern date and identifies his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the results accomplished, the variety of hires, and, if suitable, the number of U.S. applicants rejected, summed up by the specific legal job-related reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are included 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 approved PERM/Labor Certification confirms that there are no qualified U.S. workers available for the position which the beneficiary will not negatively affect the earnings and employment working conditions of U.S. employees.

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 needs to consist of the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and employment the I-485 change of status application concurrently if his/her concern date is current.

At the I-140 petition phase, the employer needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater 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 assets are equal to or greater than the proffered wage (annual report, income tax return, or audited financial statement).

In addition, it is at this stage 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 listed on the PERM application and the worker’s credentials.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved PERM application or I-140 petition.) The classifications 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 evaluate it and might ask for extra info or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to identify if there is an offered permit. The real permit application can only be filed if the beneficiary’s priority date is current, suggesting a green card is instantly readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based on their preference category, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limit is currently 140,000. This implies that in any given year, the maximum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s concern date is current, he/she will either go through change of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for eventual creation of a permit, employment authorization (work license) or advance parole document. The recipient may be notified of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to figure out if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the beneficiary’s home nation. The establishes an appointment for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is given 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 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 examine and figure out whether to admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The permit functions as evidence of irreversible residency in the U.S.