The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those looking for long-term residency in the U.S., it is an important action to attaining that objective. In this short article, we will go through the steps of the employment-based green card procedure in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the initial step in the employment-based green card procedure. The process is designed to ensure that there are no competent U.S. workers available for the position and that the foreign worker will not adversely affect the incomes 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 job details are finalized, 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 specific occupation in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must a minimum of offer the long-term position at. It is also the rate that should be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines need a sponsoring company to test the U.S. labor market through various recruitment approaches for «able, prepared, certified, and available» U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment procedure. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
– 30 day task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of basic circulation in the area of desired employment, many suitable to the occupation and probably to bring responses from able, prepared, certified, and offered U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 successive business days.
In addition to the necessary recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer should select 3 of the following:
– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment procedure, the company may be evaluating resumes and carrying out interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, including the number of U.S. workers who obtained the position, the number who were talked to, and the reasons that they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the company can submit 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 concern date and identifies his/her location in line in the green card visa line.
React To PERM/Labor Certification Audit (if any)
A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL normally needs:
– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results accomplished, the variety of hires, and, if suitable, the variety of U.S. candidates rejected, summarized by the specific lawful job-related factors for such rejections.
If an audit is released 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. employees offered for the position and that the beneficiary will not adversely impact the wages and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and referall.us proof of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary may be eligible to submit 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 phase, the company needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to demonstrate capability to pay:
1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets are equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).
In addition, it is at this stage that the employer will select the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.
There are numerous categories of employment-based green cards, 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 filed, USCIS will review it and may ask for extra details or documentation by releasing a Request for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the beneficiary will inspect the to figure out if there is an offered green card. The real permit application can only be submitted if the beneficiary’s top priority date is current, suggesting a green card is instantly offered to the beneficiary.
Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and indicates when a green card has become readily available to an applicant based on their preference category, nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limit 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 variety of green cards that can be provided to employment-based candidates and their dependents is 140,000.
Once the recipient’s priority date is current, he/she will either go through modification of status or consular processing to get the permit.
Adjustment of Status
Adjustment of status involves requesting the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient 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 info will be utilized to conduct required security checks and for ultimate development of a permit, employment permission (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit 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 beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The recipient 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 determine whether to admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The permit serves as evidence of long-term residency in the U.S.
