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

The employment-based green card process is a multi-step process that permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, but for those looking for long-term residency in the U.S., it is a vital action to accomplishing that objective. In this post, 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 usually the very first step in the employment-based green card procedure. The procedure is created to ensure that there are no certified U.S. employees offered for the position which the foreign worker will not adversely impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the job details are completed, 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 utilized workers in a particular profession in the location of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer need to at least offer the permanent position at. It is likewise the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through various recruitment techniques for “able, ready, qualified, and offered” U.S. workers. Generally, the employer has 2 options when choosing when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a newspaper of general blood circulation in the area of designated employment, a lot of appropriate to the occupation and probably to bring actions from able, ready, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 consecutive organization days.

In addition to the obligatory recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The employer should pick 3 of the following:

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

During the recruitment procedure, the employer might be evaluating resumes and conducting interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who made an application for the position, the number who were interviewed, and the reasons why 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 competent 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 beneficiary’s priority date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to make sure compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the results accomplished, the variety of hires, and, if relevant, the number of U.S. applicants turned down, summarized by the particular lawful occupational factors for such rejections.

If an audit is provided 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 authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees readily available for the position which the beneficiary will not adversely impact the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition stage, the employer needs to likewise demonstrate its capability 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 ways to show capability 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 net earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets 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 choose the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s qualifications.

There are several classifications of employment-based permits, employment and each has its own set of requirements. (Please keep in mind, employment some classifications may not require an authorized PERM application or 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, employment 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 might ask for additional info or documentation by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The real permit application can only be filed if the recipient’s top priority date is existing, implying a permit is instantly offered 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 shows when a permit has become available to an applicant based upon their preference category, employment nation of birth, and priority date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This means that in any given year, the optimum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top priority date is present, 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 green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This information will be used to conduct required security checks and for eventual development of a green card, employment authorization (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to figure out if it meets among the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the recipient’s home country. The consular office sets up a consultation for the beneficiary’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is offered 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 inspect and determine whether to confess the beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The green card functions as proof of irreversible residency in the U.S.