The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is an essential action to accomplishing that goal. In this post, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first action in the employment-based permit process. The procedure is created to ensure that there are no qualified U.S. workers offered for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the task details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly used workers in a specific profession in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of use the long-term position at. It is also the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through various recruitment approaches for “able, prepared, certified, and offered” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for a professional or non-professional occupation, require 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 paper of general flow in the area of desired employment, a lot of proper to the profession and probably to bring reactions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive service days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company might be examining resumes and performing interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send 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 filed develops the recipient’s concern date and identifies his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the form of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results attained, the number of hires, and, if suitable, the variety of U.S. candidates rejected, summed up by the specific legal occupational reasons for such rejections.

If an audit is released 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees offered for the position and that the recipient will not negatively impact the incomes and working conditions of U.S. employees.

Step 2: employment I-140 Immigrant Petition

Once the PERM application has 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 qualifications for the sponsored position. Please note, depending on the preference category and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.

At the I-140 petition stage, the employer must 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 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings is equal to or greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties are equal 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 preference category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’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 need an approved PERM application or I-140 petition.) The categories include:

– EB-1: Priority Workers.
– EB-2: employment 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 details or documentation by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to determine if there is an available green card. The actual green card application can only be filed if the beneficiary’s concern date is existing, meaning a green card is immediately available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a permit has become readily available to a candidate based on their choice category, nation of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s top priority 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 currently 140,000. This suggests that in any given year, the optimum number of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is current, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This information will be used to perform required security checks and for ultimate creation of a green card, employment 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 concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing includes for the permit at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 examine and figure out whether to confess the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card works as proof of permanent residency in the U.S.