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

The employment-based green card process is a multi-step process that allows foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, but for those seeking permanent residency in the U.S., it is a vital action to attaining that goal. In this article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based green card process. The process is developed to guarantee that there are no qualified U.S. workers available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the job description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used workers in a particular profession in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the location of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to at least provide the irreversible position at. It is likewise the rate that should be paid to the worker once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to evaluate the U.S. labor market through various recruitment methods for "able, ready, qualified, and available" U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:

- one month task order with the State Workforce Agency serving the location of desired employment; - Two Sunday print advertisements in a paper of general flow in the area of desired work, many appropriate to the profession and probably to bring actions from able, prepared, qualified, and readily available U.S. employees; and - Notice of Filing to be posted at the job website for a duration of 10 consecutive organization days.

In addition to the compulsory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer must pick 3 of the following:

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

During the recruitment process, the employer might be evaluating resumes and conducting interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who looked for the position, the number who were interviewed, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer 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 filed establishes the recipient's top priority date and determines his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL normally requires:

- Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);. - Copies of candidates' resumes and completed work applications; and. - A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes achieved, the number of hires, and, if appropriate, the number of U.S. applicants turned down, summarized by the specific legal job-related reasons for such rejections.

If an audit is issued 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 employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers readily available for the position which the beneficiary will not adversely affect the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 include the approved PERM application and proof of the beneficiary's credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is present.

At the I-140 petition phase, the company must also show its ability 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, W-2s);. 2. Evidence that the company's earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited financial 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 monetary declaration).

In addition, it is at this phase that the employer will pick the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the worker's credentials.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved PERM application or I-140 petition.) The categories 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 filed, USCIS will review it and may ask for additional details or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to determine if there is an offered green card. The real green card application can just be submitted if the recipient's concern date is current, implying a green card is immediately available to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and yogicentral.science indicates when a green card has actually ended up being available to a candidate based upon their choice category, nation of birth, and priority date. The date the PERM application is filed develops the recipient's concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This suggests 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 top priority date is present, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for eventual creation of a green card, employment permission (work authorization) or advance parole document. The recipient might be alerted of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient's case to identify if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the recipient's home country. The consular workplace establishes an appointment for the recipient's interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a 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 examine and identify whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit serves as evidence of long-term residency in the U.S.