Work

About Us

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 permanently in the U.S. The process can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is an important step to attaining that goal. In this article, we will go through the actions of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based green card procedure. The procedure is designed to guarantee that there are no qualified U.S. workers offered for the position and that the foreign worker will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the job description for the sponsored position. Once the job information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise employed employees in a particular occupation in the location of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, task duties, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must a minimum of provide the irreversible position at. It is also the rate that needs to be paid to the worker once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, willing, certified, and readily available” U.S. employees. Generally, the company has 2 alternatives 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 issued.

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

– thirty days task order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of general flow in the area of desired employment, many suitable to the profession and probably to bring responses from able, willing, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company might be reviewing resumes and performing interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who requested the position, the number who were talked to, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can submit the PERM application if no qualified 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 submitted establishes the beneficiary’s priority date and determines his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if suitable, the variety of U.S. candidates declined, summed up by the particular legal job-related reasons for such rejections.

If an audit is released on a case, 3 to 4 months are contributed 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 beneficiary will not adversely impact the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, 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 qualifications for the sponsored position. Please note, depending upon the choice category and employment nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is current.

At the I-140 petition stage, the employer should likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate ability 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 earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net possessions amount to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this stage that the employer will choose the employment-based preference classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an authorized 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 review it and employment may request additional info or employment paperwork by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is a readily available permit. The real green card application can only be filed if the recipient’s concern date is existing, meaning a permit is immediately offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and indicates when a permit has actually appeared to an applicant based on their preference classification, country of birth, and employment top priority date. The date the PERM application is filed develops the beneficiary’s concern date. In the employment-based migration system, set a limitation on the variety of green cards that can be provided each year. That limitation is currently 140,000. This suggests that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a modification of status application is submitted (Form I-485), employment the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate creation of a green card, work permission (work license) or advance parole file. The recipient may be informed of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation 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 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 employment figure out whether to admit the beneficiary into the U.S. If confessed, employment the recipient will receive the permit in the mail. The green card works as evidence of long-term residency in the U.S.