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

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is an essential action to achieving that goal. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the first step in the employment-based green . The process is designed to make sure that there are no certified U.S. workers available for the position which the foreign employee will not adversely affect the incomes 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 job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized workers in a specific profession in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task 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 company need to a minimum of offer the permanent position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, prepared, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The company can start marketing (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, need the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a paper of general circulation in the area of intended employment, most proper to the occupation and probably to bring responses from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive organization days.

In addition to the compulsory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company needs to select 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. employees. The employer needs to keep detailed records of their recruitment efforts, employment including the number of U.S. employees who applied for the position, the number who were spoken with, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send 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 submitted develops the beneficiary’s priority date and identifies his/her place in line in the green card visa queue.

React To PERM/Labor employment Certification Audit (if any)

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

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the results attained, the number of hires, and, if appropriate, the number of U.S. applicants declined, summarized by the specific legal occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will get it from the DOL. The approved PERM/Labor employment Certification confirms that there are no qualified U.S. workers readily available for the position and that the beneficiary will not negatively impact the wages 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 should consist of the approved PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is current.

At the I-140 petition phase, the employer needs to also show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 methods to demonstrate 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 company’s net income amounts to or greater than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration).

In addition, it is at this phase that the company will choose the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the worker’s credentials.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not need 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: employment Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and might ask for additional info or paperwork by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to figure out if there is an available permit. The real permit application can only be submitted if the recipient’s top priority date is existing, meaning a permit is immediately readily available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a permit has actually appeared to an applicant based upon their preference classification, nation of birth, and top priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limit is currently 140,000. This means that in any given year, the maximum number of green cards that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This information will be utilized to carry out necessary security checks and for ultimate development of a green card, employment permission (work permit) or advance parole file. The recipient might be alerted of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a visit for the recipient’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 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 beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.