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The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is an important action to attaining that objective. In this post, we will go through the actions of the employment-based permit process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the primary step in the employment-based green card procedure. The process is created to make sure that there are no qualified U.S. workers available for the position which the foreign employee will not negatively affect the incomes and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the job information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise employed employees in a particular occupation in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of intended employment, employment travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of use the permanent position at. It is likewise the rate that needs to 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 evaluate the U.S. labor market through various recruitment techniques for « able, willing, certified, and available » U.S. workers. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:
– 1 month task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a paper of basic circulation in the area of intended employment, the majority of appropriate to the occupation and probably to bring actions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 consecutive service days.
In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The company should choose 3 of the following:
– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or employment ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the company may be reviewing resumes and performing interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who obtained the position, the number who were spoken with, and the factors why they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the company can submit the PERM application if no qualified 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 submitted develops the beneficiary’s concern date and figures out his/her location in line in the permit visa queue.
Respond to PERM/Labor Certification Audit (if any)
An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the kind of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL typically needs:
– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the results attained, the variety of hires, and, if appropriate, the variety of U.S. applicants declined, summarized by the specific lawful occupational factors for such rejections.
If an audit is provided 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. workers offered for the position which the recipient will not negatively 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 action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the recipient’s qualifications 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 the I-485 adjustment of status application concurrently if his/her priority date is present.
At the I-140 petition phase, the company needs to also 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 methods to demonstrate ability to pay:
1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equal to or greater than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (annual report, tax return, or audited monetary statement).
In addition, it is at this stage that the employer will select the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.
There are several categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an approved 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 evaluate it and may ask for additional info or documents by providing a Demand for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is an offered green card. The actual permit application can only be filed if the beneficiary’s priority date is current, indicating a permit is instantly available to the beneficiary.
Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and suggests when a green card has ended up being offered to a candidate based upon their preference classification, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the variety of permits that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the optimum number of green cards 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 receive the permit.
Adjustment of Status
Adjustment of status involves making an application for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally involves having his/her picture and signature taken and being fingerprinted. This information will be used to carry out required security checks and for ultimate creation of a permit, employment permission (work license) or advance parole document. The recipient might be notified of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive 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 nation. The consular office sets up a visit for employment the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The recipient will pay a Fee which is used by USCIS to process the Visa Packet and produce the permit. The beneficiary 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 identify whether to confess the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit works as proof of long-term residency in the U.S.