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 permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those seeking irreversible residency in the U.S., it is a vital step to accomplishing that objective. In this 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 process is typically the primary step in the employment-based green card process. The process is developed to guarantee that there are no qualified U.S. employees available for the position which the foreign employee will not adversely affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise utilized employees in a particular occupation in the location of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company must a minimum of offer the long-term position at. It is also the rate that should be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through various recruitment methods for “able, ready, qualified, and offered” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a newspaper of basic circulation in the area of designated employment, many suitable to the profession and most likely to bring responses from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 successive organization days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer needs to choose 3 of the following:

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

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

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no certified U.S. employees 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 priority date and determines his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM policies. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results accomplished, the variety of hires, and, if suitable, the variety of U.S. applicants declined, summarized by the particular legal occupational factors for such rejections.

If an audit is released 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 employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position and that the recipient will not negatively impact the incomes and working conditions of U.S. employees.

Step 2: employment I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and country of birth, a beneficiary 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 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 provided. There are 3 ways to show capability to pay:

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

In addition, it is at this stage that the employer will pick 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 staff member’s qualifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not an authorized PERM application or I-140 petition.) The classifications 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: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will review it and may request additional info or paperwork by issuing a Demand for Evidence (RFE).

Step 3: employment Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to identify if there is a readily available green card. The real green card application can only be filed if the beneficiary’s concern date is current, meaning a permit is immediately readily available to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based on their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of permits 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 their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image 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 authorization) or advance parole file. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS office to answer questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to determine if it meets one of the exceptions. If the interview achieves success and employment USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes making an application for 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 existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used 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 check and determine whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card acts as proof of long-term residency in the U.S.