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Founded Date June 5, 2025
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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 allows foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is a vital step to achieving that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is generally the primary step in the employment-based permit procedure. The procedure is designed to ensure that there are no competent U.S. employees offered for the position which the foreign employee will not negatively impact the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer begins the PERM process by drafting the task description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed workers in a specific occupation in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the area of designated employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least provide the long-term position at. It is also the rate that should be paid to the worker 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 evaluate the U.S. labor market through various recruitment techniques for “able, willing, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for a professional or non-professional occupation, employment need the following recruitment efforts:
– thirty days task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a paper of basic blood circulation in the area of intended employment, the majority of proper to the profession and probably to bring responses from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive business days.
In addition to the obligatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The employer must pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement
During the recruitment procedure, the employer might be reviewing resumes and performing interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who applied 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 total, the company can send the PERM application if no competent 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 permit visa line.
React To PERM/Labor Certification Audit (if any)
An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the kind of audits to make sure compliance with all PERM policies. In the occasion of an audit, the DOL generally requires:
– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summed up by the specific legal job-related factors for such rejections.
If an audit is issued 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, employment the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers readily available for the position which the recipient will not adversely impact the salaries 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and proof 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 qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is current.
At the I-140 petition stage, the company must also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate capability to pay:
1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the net assets amount to or greater than the proffered wage (yearly report, tax return, or audited financial declaration).
In addition, it is at this phase that the company will select the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.
There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not need 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, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors
After the I-140 petition is submitted, USCIS will examine it and might ask for extra information or documentation by releasing a Request for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to identify if there is a readily available green card. The actual green card application can only be submitted if the beneficiary’s top priority date is existing, indicating a green card is immediately available to the beneficiary.
Each 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 become offered to an applicant based upon their choice classification, nation of birth, and concern date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limitation is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.
Once the beneficiary’s priority date is present, he/she will either go through change 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 change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her picture and signature taken and being fingerprinted. This information will be used to conduct necessary security checks and for ultimate development of a green card, work authorization (work permit) or advance parole document. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS office to respond to concerns 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 fulfills one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the green card.
Consular Processing
Consular processing involves looking for employment the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her priority 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 used by USCIS to process the Visa Packet and produce the permit. 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 examine and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The permit works as evidence of irreversible residency in the U.S.