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 allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is a vital action to achieving that goal. In this post, employment 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 generally the first step in the employment-based green card procedure. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not adversely impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized employees in a particular profession in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least provide the irreversible position at. It is likewise 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 policies require a sponsoring employer to check the U.S. labor market through various recruitment methods for “able, prepared, certified, and offered” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The employer can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– one month job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of general flow in the location of designated employment, most suitable to the occupation and most likely to bring responses from able, willing, qualified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 consecutive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer should pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
–
– Trade or expert organization
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be examining resumes and conducting interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, employment consisting of the variety of U.S. employees who looked for the position, the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send 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 submitted establishes the recipient’s priority date and identifies his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the outcomes attained, the variety of hires, and, if applicable, the number of U.S. applicants declined, summed up by the particular legal occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are included 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 authorized PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position and that the recipient will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and employment Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the choice classification and employment country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the employer needs to also demonstrate its capability 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 ways 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 earnings amounts to or greater 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, tax return, or audited financial declaration).

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might not require an approved PERM application or employment 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 filed, USCIS will evaluate it and may request additional information or paperwork by providing a Request for Evidence (RFE).

Step 3: Green Card Application

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

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a permit has appeared to an applicant based upon their choice classification, nation 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 limitation on the variety of permits that can be issued each year. That limitation is currently 140,000. This means that in any given year, the optimum number of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for eventual development of a permit, employment authorization (work license) or advance parole document. The beneficiary might be notified of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes an appointment for employment the beneficiary’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 green card. The beneficiary will provide 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 confessed, the recipient will get the permit in the mail. The permit serves as evidence of long-term residency in the U.S.