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 permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is an important step to accomplishing that objective. In this article, we will go through the actions of the procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based permit process. The procedure is designed to ensure that there are no certified U.S. employees available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed employees in a specific profession in the location of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of designated employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to a minimum of provide the permanent position at. It is also the rate that should be paid to the staff member once the permit is gotten. Current processing times for dominating 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 numerous recruitment techniques for « able, ready, certified, and available » U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment process. The employer can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of intended work, most proper to the occupation and most likely to bring reactions from able, ready, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive company days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The company must choose 3 of the following:

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

During the recruitment procedure, the company may be examining resumes and performing interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who looked for the position, the number who were spoken with, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit the PERM application if no certified 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 establishes the beneficiary’s priority date and figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the kind of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, employment summarized by the particular legal occupational factors for such rejections.

If an audit is issued 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 receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. employees readily available for the position which the recipient will not adversely impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is existing.

At the I-140 petition stage, the employer needs to likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 methods to demonstrate ability 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 business’s earnings is equal to or higher than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (annual report, employment tax return, employment or audited monetary statement).

In addition, it is at this phase that the employer will pick the employment-based preference category 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 note, some categories might not require 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 extra info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an offered green card. The real permit application can only be filed if the beneficiary’s concern date is present, suggesting a green card is instantly available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a permit has actually ended up being offered to a candidate based upon their preference classification, nation of birth, and concern date. The date the PERM application is submitted develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This information will be utilized to perform necessary security checks and for ultimate development of a green card, work authorization (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and area for an interview at a USCIS office to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to identify if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the recipient’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, employment the beneficiary is provided 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 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 admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The green card acts as evidence of long-term residency in the U.S.