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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 procedure that enables foreign nationals to live and work completely 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 essential action to attaining that goal. In this short article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the initial step in the employment-based permit procedure. The process is designed to make sure that there are no competent U.S. employees available for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used employees in a specific profession in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of designated work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer must a minimum of offer the irreversible position at. It is also the rate that should be paid to the worker once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to test the U.S. labor market through different recruitment methods for “able, willing, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 30 day job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a newspaper of basic flow in the location of designated work, many proper to the occupation and probably to bring reactions from able, ready, certified, and available U.S. employees; and
of Filing to be posted at the job site for a period of 10 successive company days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The company should pick 3 of the following:

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

During the recruitment process, the company may be evaluating resumes and conducting interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who requested the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, 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 establishes the beneficiary’s priority date and employment 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 documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the kind of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes accomplished, the number of hires, and, if applicable, the variety of U.S. applicants turned down, summarized by the specific legal occupational reasons for such rejections.

If an audit is released 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 get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position which the recipient will not adversely affect the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action 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 credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the company should also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to show capability 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 earnings is equivalent to or greater than the proffered wage (annual report, employment income tax return, or employment audited financial declaration); OR.
3. Evidence that the company’s net properties are equal to or higher than the proffered wage (annual report, tax return, or audited monetary declaration).

In addition, it is at this stage that the company will choose the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

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

After the I-140 petition is submitted, USCIS will review it and might request extra details or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

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

Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a green card has appeared to an applicant based on their preference category, nation of birth, and concern date. The date the PERM application is filed develops the recipient’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 limitation is presently 140,000. This means that in any given year, the optimum variety 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 get the green card.

Adjustment of Status

Adjustment of status involves applying for the green card while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for ultimate development of a green card, work authorization (work license) or advance parole file. The beneficiary may be informed of the date, time, and location for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to identify if it satisfies 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 making an application for the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the beneficiary’s interview when his/her concern date ends up being current. 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 utilized by USCIS to process the Visa Packet and produce the permit. The recipient will provide 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 permit in the mail. The green card serves as evidence of permanent residency in the U.S.