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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 process that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, employment however for those seeking permanent residency in the U.S., it is a vital action to attaining that objective. In this short article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based permit procedure. The process is developed to guarantee that there are no certified U.S. workers available for the position and that the foreign employee will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting 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 average wage paid to similarly employed workers in a specific occupation in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the location of intended work, travel requirements (if any), among other things. The dominating wage is the rate the employer need to a minimum of use the irreversible position at. It is also the rate that must be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, willing, qualified, and offered” U.S. employees. Generally, the employer has 2 options 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 issued.

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

– 1 month task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of basic flow in the location of designated work, many proper to the occupation and most likely to bring reactions from able, ready, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive business days.

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

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

During the recruitment process, employment the employer might be examining resumes and carrying out interviews of U.S. employees. The employer needs to keep detailed records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were talked to, and employment the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can send the PERM application if no qualified 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 top priority date and identifies his/her place in line in the green card visa line.

Respond 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 executes a quality assurance process in the form of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the outcomes attained, employment the number of hires, and, if suitable, the number of U.S. applicants turned down, summarized by the particular lawful occupational 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 approved, the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the beneficiary will not negatively affect 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 needs to consist of the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary may be eligible to file 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 stage, the employer should also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 ways to show ability to pay:

1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, employment W-2s);.
2. Evidence that the business’s net earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net possessions amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will pick the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s certifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an approved 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: 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 evaluate it and might ask for extra info or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is a readily available permit. The actual permit application can only be submitted if the beneficiary’s top priority date is present, implying a green card is right away readily available to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has actually become available to an applicant based upon their preference classification, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for employment biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate creation of a permit, employment authorization (work authorization) or advance parole document. The recipient may be informed of the date, time, and place for an interview at a USCIS office to address questions under oath or employment affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to identify if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up a consultation for the recipient’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. 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 check and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit functions as evidence of long-term residency in the U.S.