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The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for employment those looking for permanent residency in the U.S., it is a necessary step to accomplishing that goal. In this article, we will go through the steps of the employment-based green card process in detail.
Step 1: PERM/Labor Certification
The PERM/ process is generally the very first action in the employment-based green card process. The process is developed to guarantee that there are no competent U.S. employees available for the position and that the foreign employee will not adversely affect the wages and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company starts the PERM process by preparing the task description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly employed employees in a particular profession in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the company need to at least offer the long-term position at. It is also the rate that needs to be paid to the worker once the permit is gotten. Current processing times for dominating 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 approaches for « able, prepared, certified, and available » U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment procedure. The company can begin advertising (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, need the following recruitment efforts:
– 1 month task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the area of designated employment, a lot of suitable to the occupation and more than likely to bring responses from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 successive organization days.
In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV advertisement
During the recruitment procedure, the employer might be evaluating resumes and carrying out interviews of U.S. workers. The employer needs to keep detailed records of their recruitment efforts, including the variety of U.S. workers who got the position, the number who were talked to, employment and the reasons they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the employer can send the PERM application if no competent U.S. workers were discovered. 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 queue.
React To PERM/Labor Certification Audit (if any)
An employer is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the kind of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL usually needs:
– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the outcomes accomplished, employment the number of hires, and, if relevant, the variety of U.S. applicants declined, summarized by the particular lawful job-related reasons for such rejections.
If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is approved, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees 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 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 consist of the approved PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the preference category and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is existing.
At the I-140 petition stage, the company needs to also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods 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 equal to or greater than the proffered wage (yearly report, employment income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net possessions are equal to or greater than the proffered wage (annual report, tax return, or audited financial declaration).
In addition, it is at this phase that the company will select the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.
There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not require 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 examine it and might ask for additional information or employment documents by issuing 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 figure out if there is an offered permit. The actual permit application can just be filed if the recipient’s concern date is current, suggesting a green card is right away available to the recipient.
Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a permit has ended up being offered to a candidate based upon their preference classification, country 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 limitation on the variety of permits that can be released each year. That limitation is presently 140,000. This suggests that in any given year, the maximum number of permits that can be issued to employment-based candidates 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 involves looking for the green card while in the U.S. After a change of status application is submitted (Form I-485), employment the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This information will be used to conduct necessary security checks and for eventual production of a permit, employment permission (work license) or advance parole document. The beneficiary might be informed of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate 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 includes getting the green card at a U.S. consulate in the recipient’s home country. The consular office sets up a consultation for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered 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 check and employment determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card acts as proof of long-term residency in the U.S.