The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit process is a multi-step procedure that enables foreign nationals to live and employment work completely in the U.S. The procedure can be made complex and lengthy, however for those looking for permanent residency in the U.S., it is an important step to attaining that goal. In this post, we will go through the steps of the employment-based permit procedure in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is usually the first step in the employment-based green card process. The process is developed to ensure that there are no certified U.S. workers available for the position which the foreign worker will not negatively affect the incomes and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed employees in a specific profession in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer should at least use the long-term position at. It is likewise the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment techniques for “able, prepared, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.
All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:
– 1 month job order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a paper of general blood circulation in the location of designated employment, most suitable to the occupation and probably to bring reactions from able, willing, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 consecutive company days.
In addition to the obligatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer needs to choose 3 of the following:
– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment procedure, the company might be reviewing resumes and performing interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who got the position, the number who were spoken with, employment and the reasons they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is issued and employment recruitment is complete, the employer 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 filed establishes the beneficiary’s concern date and identifies his/her location in line in the green card visa queue.
Respond to PERM/Labor Certification Audit (if any)
A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the kind of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL usually requires:
– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the results achieved, the variety of hires, and, if appropriate, the variety of U.S. candidates turned down, summed up by the particular lawful occupational factors for such rejections.
If an audit is provided on a case, 3 to 4 months are included 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 confirms that there are no qualified U.S. workers offered for the position which the beneficiary will not adversely impact the earnings and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has been authorized, 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 evidence of the recipient’s certifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is current.
At the I-140 petition stage, the employer should also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 ways to show ability to pay:
1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets are equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).
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 employment the staff member’s credentials.
There are numerous categories 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 classifications 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 examine it and might ask for extra info or documentation by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an available green card. The actual green card application can just be submitted if the beneficiary’s priority date is existing, implying a green card is right away available to the beneficiary.
On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and employment suggests when a green card has ended up being available to a candidate based upon their choice classification, country of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limit is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.
Once the beneficiary’s priority date is existing, he/she will either go through adjustment of status or consular processing to get the permit.
Adjustment of Status
Adjustment of status includes making an application for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual production of a green card, work authorization (work license) or advance parole file. The beneficiary may be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will examine the recipient’s case to figure out if it meets one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will get the permit.
Consular Processing
Consular processing involves using for the green card at a U.S. consulate in the beneficiary’s home country. The consular office sets up a visit for the beneficiary’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit acts as proof of irreversible residency in the U.S.
