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 allows 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 a necessary action to attaining that goal. In this article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based green card process. The procedure is designed to make sure that there are no competent U.S. workers available for the position which the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the job details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise utilized workers in a specific profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer need to a minimum of provide the long-term position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for "able, ready, certified, and available" U.S. employees. Generally, the employer has 2 alternatives 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, whether for an expert or non-professional profession, need the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the location of desired employment;
- Two Sunday print ads in a newspaper of general circulation in the area of designated work, many proper to the occupation and probably to bring reactions from able, willing, qualified, and available U.S. workers; and
- Notice of Filing to be posted at the job website for referall.us a period of 10 successive organization days.

In addition to the obligatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be published. The company needs to pick 3 of the following:

- Job Fairs
- Employer's company website
- Job search site
- On-Campus recruiting
- Trade or expert organization
- Private employment companies
- Employee recommendation program
- Campus placement office
- Local or ethnic paper; and
- Radio or TV ad

During the recruitment process, the employer may be examining resumes and conducting interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were interviewed, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no competent 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 recipient's priority date and identifies his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality control procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

- Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
- Copies of candidates' resumes and finished work applications; and.
- A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes achieved, the variety of hires, and, if suitable, the variety of U.S. candidates declined, summed up by the particular lawful job-related reasons for such rejections.

If an audit is released 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 approved, the company will receive it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. employees offered for the position and that the recipient will not adversely impact the salaries and working conditions of U.S. workers.

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 consist of the authorized PERM application and proof of the beneficiary's credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is present.

At the I-140 petition stage, the company must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 methods to show capability 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 equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business's net possessions amount to or greater 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 preference classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the staff member's certifications.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an approved PERM application or I-140 petition.) The categories 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 may ask for additional information or paperwork by issuing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is an available permit. The actual green card application can just be submitted if the beneficiary's concern date is present, meaning a green card is instantly offered to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and indicates when a green card has actually become readily available to a candidate based upon their preference category, country of birth, and concern date. The date the PERM application is submitted develops the recipient's top priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limit is presently 140,000. This indicates that in any given year, the maximum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

Once the recipient's priority date is existing, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate development of a green card, employment authorization (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary's case to identify if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the beneficiary's home country. The consular office sets up a consultation for the recipient'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 recipient will pay a USCIS Immigrant Fee which is by USCIS to process the Visa Packet and produce the green card. 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 inspect and determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The green card serves as proof of permanent residency in the U.S.