The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card process 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 irreversible residency in the U.S., it is an important step to attaining that objective. In this article, we will go through the steps of the employment-based permit process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the initial step in the employment-based permit procedure. The procedure is created to make sure that there are no certified U.S. workers readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM process by preparing the task description for the sponsored position. Once the task information are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized employees in a specific occupation in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must at least provide the permanent position at. It is likewise the rate that must be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to test the U.S. labor market through various recruitment methods for « able, willing, certified, and available » U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:
– one month task order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a paper of basic blood circulation in the location of intended work, a lot of proper to the occupation and probably to bring reactions from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 successive service days.
In addition to the obligatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The employer must choose 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. employees. The employer needs to keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, somalibidders.com the number who were talked to, and the factors why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the employer can submit 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 establishes the recipient’s concern date and identifies his/her place in line in the green card visa line.
Respond to PERM/Labor Certification Audit (if any)
A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL generally requires:
– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes attained, the number of hires, and, if applicable, the number of U.S. applicants rejected, summed up by the specific lawful job-related factors for such rejections.
If an audit is provided on a case, 3 to 4 months are included 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 approved PERM/Labor Certification validates that there are no competent U.S. workers available for the position which the recipient will not adversely affect the salaries and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference category and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is current.
At the I-140 petition stage, the employer must likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show ability to pay:
1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).
In addition, it is at this stage that the employer will pick the employment-based choice category 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 certifications.
There are numerous categories of employment-based green cards, 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: Certain Special Immigrants.
– EB-5: Immigrant Investors
After the I-140 petition is filed, USCIS will evaluate it and might request extra details or documents by issuing a Demand 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 a readily available green card. The real green card application can just be filed if the beneficiary’s top priority date is current, indicating a green card is right away offered to the beneficiary.
On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a permit has actually appeared to a candidate based upon their choice category, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is presently 140,000. This implies 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 recipient’s priority date is current, he/she will either go through adjustment of status or consular processing to receive the permit.
Adjustment of Status
Adjustment of status includes looking for the permit 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, which generally involves having his/her photo and signature taken and being fingerprinted. This information will be used to perform required security checks and for ultimate development of a green card, work authorization (work permit) or advance parole file. The beneficiary might be alerted of the date, time, and referall.us location for an interview at a USCIS workplace to respond to questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will review the case to figure out if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the permit.
Consular Processing
Consular processing includes obtaining the green card at a U.S. consulate in the beneficiary’s home country. The consular office sets up a visit for the beneficiary’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. 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 inspect and identify whether to admit the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The green card acts as proof of permanent residency in the U.S.
