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

The employment-based permit process is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is a vital step to attaining that goal. In this article, we will go through the steps of the employment-based permit process in detail.

Step 1: employment PERM/Labor Certification

The PERM/Labor Certification process is usually the first action in the employment-based permit process. The procedure is created to make sure that there are no competent U.S. workers readily available for the position which the foreign worker will not adversely impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise used employees in a specific profession in the area of desired employment. The DOL concerns 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), amongst other things. The prevailing wage is the rate the company should at least offer the long-term position at. It is likewise the rate that should be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through different recruitment techniques for “able, prepared, certified, and readily available” U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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 area of designated work;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of desired employment, most appropriate to the profession and more than likely to bring responses from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 consecutive service days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer must choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the company may be examining resumes and conducting interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, including the variety of U.S. employees who requested the position, the number who were spoken with, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can send the PERM application if no competent 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 develops the beneficiary’s priority date and figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the form of audits to ensure compliance with all PERM policies. In the event of an audit, employment the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed work 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 declined, summed up by the specific lawful job-related factors for such rejections.

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

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, employment the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is present.

At the I-140 petition phase, the employer must likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or greater than the proffered wage (yearly report, employment tax return, or audited monetary statement); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (annual report, income tax return, or audited financial statement).

In addition, it is at this stage that the company will pick 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 worker’s qualifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved PERM application or I-140 petition.) The classifications 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 submitted, USCIS will examine it and may ask for extra information or documents by releasing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to identify if there is an offered green card. The real green card application can just be submitted if the beneficiary’s top priority date is present, implying a green card is right away readily available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a green card has appeared to a candidate based on their choice classification, country of birth, and priority date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be provided each year. That limitation is presently 140,000. This indicates that in any given year, the optimum 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 green card.

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is notified 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 required security checks and for eventual production of a permit, work authorization (work license) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to determine if it satisfies one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves looking for employment the green card at a U.S. consulate in the recipient’s home country. The consular office sets up an appointment for the beneficiary’s interview when his/her priority date ends up being existing. 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 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 recipient into the U.S. If confessed, the recipient will get the green card in the mail. The green card functions as proof of in the U.S.