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

The employment-based permit procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is an important step to achieving 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 process is normally the initial step in the employment-based green card process. The procedure is developed to make sure that there are no certified U.S. workers available for the position and that the foreign employee will not negatively impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a dominating 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 particular profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of intended work, travel requirements (if any), amongst other things. The dominating wage is the rate the company must at least offer the long-term position at. It is likewise the rate that needs to be paid to the employee once the green card 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 check the U.S. labor market through different recruitment methods for “able, willing, certified, and readily available” U.S. workers. Generally, employment the employer has 2 options when deciding when to start the recruitment process. The employer can begin advertising (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 occupation, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of general blood circulation in the area of intended work, many proper to the occupation and probably to bring responses from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 consecutive organization days.

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

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the employer may be evaluating resumes and conducting interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who applied for the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor employment Certification Application

After the PWD is issued and recruitment is complete, the company 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 develops the beneficiary’s priority date and determines his/her place in line in the green card visa queue.

Respond 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 procedure in the kind of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results attained, the number of hires, and, if appropriate, the number of U.S. candidates turned down, summed up by the specific legal job-related factors for such rejections.

If an audit is provided 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 company will receive it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers available for employment the position and employment that the recipient will not adversely impact the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and employment the I-485 modification of status application concurrently if his/her top priority date is existing.

At the I-140 petition stage, the employer needs to also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient 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, tax return, or employment audited monetary declaration); OR.
3. Evidence that the business’s net possessions are equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this phase that the company will choose the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s credentials.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an approved PERM application or 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 evaluate it and might request additional info or documentation by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is a readily available permit. The actual green card application can only be filed if the beneficiary’s top priority date is existing, suggesting a permit is immediately readily available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a green card has ended up being offered to a candidate based upon their preference category, country 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 limitation on the variety of green cards that can be released each year. That limit is currently 140,000. This suggests that in any given year, the maximum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern 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 includes obtaining the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for ultimate development of a green card, employment authorization (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and area for an interview at a USCIS workplace to answer concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it meets one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes applying for employment the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary 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) at the port of entry. The CBP officer will inspect and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The permit acts as proof of long-term residency in the U.S.