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 permits foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those looking for irreversible residency in the U.S., it is a vital step to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit process. The process is created to make sure that there are no qualified U.S. workers readily available for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

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 dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly utilized workers in a particular profession in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of provide the permanent position at. It is likewise the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through different recruitment techniques for “able, ready, certified, and available” U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment process. 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 a professional or non-professional occupation, need the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the area of intended work, the majority of suitable to the occupation and most likely to bring reactions from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for a duration of 10 successive organization days.

In addition to the obligatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The employer should choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who obtained the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit 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 filed develops the beneficiary’s top priority date and figures out his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the form of audits to ensure compliance with all PERM guidelines. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results achieved, the variety of hires, and, if applicable, the number of U.S. candidates declined, summed up by the specific legal job-related 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 approved, the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers readily available for the position and that the recipient 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 approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, job a recipient may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is current.

At the I-140 petition stage, the employer needs to likewise show its ability to pay the recipient the from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to demonstrate capability to pay:

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

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

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may 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: Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and may request extra info or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to identify if there is a readily available green card. The real permit application can only be filed if the beneficiary’s concern date is existing, implying a permit is immediately readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and shows when a permit has actually become offered to a candidate based upon their preference category, nation of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be released each year. That limitation is presently 140,000. This suggests that in any given year, the optimum number 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 permit.

Adjustment of Status

Adjustment of status includes using for the permit while in the U.S. After a modification 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 utilized to conduct necessary security checks and for eventual creation of a permit, work permission (work permit) or job advance parole document. The recipient may be notified of the date, time, and place for job an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the beneficiary’s interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 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 works as proof of permanent residency in the U.S.