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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 permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is an important action to achieving that goal. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized workers in a particular occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for job the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer should a minimum of offer the irreversible position at. It is also the rate that should be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to test the U.S. labor market through numerous recruitment methods for « able, ready, qualified, and offered » U.S. employees. Generally, job the employer has 2 options when choosing when to begin the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– thirty days job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a newspaper of basic flow in the location of designated work, the majority of proper to the profession and most likely to bring actions from able, prepared, qualified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for job a duration of 10 consecutive company days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer needs to choose 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and conducting interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, including the number of U.S. who looked for the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can send the PERM application if no certified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s concern date and identifies his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality control procedure in the type of audits to make sure compliance with all PERM policies. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results achieved, the number of hires, and, if suitable, the variety of U.S. candidates turned down, summarized by the specific legal job-related factors for such rejections.

If an audit is provided 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 authorized, the company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees available for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a recipient might be qualified to submit 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 demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. 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 business’s earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the company will choose the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require 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 filed, USCIS will examine it and might ask for additional information or paperwork by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

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

Every month, the Department of State releases the Visa Bulletin, job which sums up the availability of immigrant visa (green card) numbers and shows when a permit has appeared to a candidate based on their choice category, country of birth, and priority date. The date the PERM application is filed develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is existing, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, job which usually involves having his/her photo and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate development of a green card, work authorization (work license) or advance parole document. The recipient might be notified of the date, time, and area for an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to determine if it satisfies among the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the recipient’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her top priority date becomes 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 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 check and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card serves as evidence of permanent residency in the U.S.