Cane Recruitment

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 enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is a necessary action to accomplishing that objective. In this article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the first step in the employment-based green card procedure. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position which the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise employed employees in a specific occupation in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task duties, 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 also the rate that must be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to test the U.S. labor employment market through different recruitment methods for “able, willing, qualified, and available” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– thirty days task order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a newspaper of general flow in the location of designated work, the majority of appropriate to the occupation and probably to bring responses from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the task site for employment a period of 10 successive company days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company should select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. workers. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who used for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send 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 concern date and identifies his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the form of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed 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 outcomes accomplished, the variety of hires, and, if relevant, the variety of U.S. applicants declined, summed up by the particular legal occupational 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 company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees offered for the position and that the beneficiary will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is current.

At the I-140 petition stage, the employer needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or employment higher than the proffered wage (annual report, employment tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (annual report, tax return, or audited monetary statement).

In addition, it is at this stage that the employer will select the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s certifications.

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need an approved PERM application or employment I-140 petition.) The classifications 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 might ask for extra info or documentation by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to determine if there is an offered green card. The actual permit application can only be submitted if the beneficiary’s priority date is existing, indicating a green card is immediately offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and suggests when a green card has actually appeared to an applicant based on their preference category, nation of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top priority date is current, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves applying for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be used to carry out required security checks and for ultimate development of a green card, employment permission (work license) or advance parole file. The recipient may be alerted of the date, time, employment and area for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications require 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 approves the application, the recipient will get the permit.

Consular Processing

Consular processing includes using for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a consultation for the beneficiary’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and 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 inspect and figure out whether to admit the recipient 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.