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

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, but for those seeking irreversible residency in the U.S., it is an essential action to achieving that objective. In this post, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based green card procedure. The process is developed to make sure that there are no certified U.S. employees available for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the task details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly employed employees in a specific occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the area of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must at least use the irreversible position at. It is also the rate that must be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment process. The employer can begin marketing (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 occupation, need the following recruitment efforts:

– thirty days job 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 designated employment, most proper to the profession and probably to bring reactions from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be posted at the task site for a period of 10 successive company days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the company might be evaluating resumes and carrying out interviews of U.S. employees. The employer must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who used for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer 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 . The day the PERM application is filed establishes the recipient’s top priority date and determines his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is filed. Therefore, the DOL carries out a quality control process in the type of audits to make sure compliance with all PERM policies. In the occasion of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed 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 relevant, the variety of U.S. candidates rejected, referall.us summed up by the particular lawful 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 get it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. workers 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the company should also show its ability 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 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 net earnings is equal to or greater than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration).

In addition, it is at this stage that the company will choose 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 credentials.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may 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 might request extra details or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is an available green card. The real permit application can only be submitted if the beneficiary’s priority date is present, indicating a permit is right away readily available to the recipient.

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

Once the recipient’s priority date is current, he/she will either go through change of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for eventual creation of a permit, employment permission (work authorization) or advance parole file. The recipient may be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to figure out if it satisfies one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a visit for the beneficiary’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary 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 green card. 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 check and identify whether to admit the recipient into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card functions as evidence of permanent residency in the U.S.