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 work permanently in the U.S. The process can be made complex and lengthy, however for those looking for irreversible residency in the U.S., employment it is an important step to achieving that objective. In this article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit . The procedure is created to guarantee that there are no competent U.S. employees readily available for the position and that the foreign worker will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job information are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly used workers in a specific occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should a minimum of offer the permanent position at. It is also the rate that should be paid to the worker once the permit is gotten. Current processing times for employment dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to check the U.S. labor market through different recruitment techniques for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 alternatives when deciding when to start the recruitment process. The employer 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 profession, require the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of designated employment, the majority of proper to the occupation and most likely to bring reactions from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive service days.

In addition to the obligatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The employer must pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the employer may be reviewing resumes and carrying out interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, 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 submitted establishes the beneficiary’s priority date and figures out his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM policies. In the event of an audit, employment the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the results achieved, the variety of hires, and, if applicable, the variety of U.S. applicants turned down, summed up by the specific legal occupational factors 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 authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position which the recipient will not negatively 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 step 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 qualifications for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the employer must likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net possessions are equal to or employment greater than the proffered wage (annual report, tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will pick the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s qualifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require an approved 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 examine it and may ask for additional details or documents by releasing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is a readily available permit. The actual permit application can just be submitted if the recipient’s concern date is existing, suggesting a green card is immediately available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based upon their preference category, nation of birth, and top priority date. The date the PERM application is filed develops 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 provided each year. That limit is presently 140,000. This indicates that in any given year, the maximum number of permits that can be issued to employment-based applicants 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 includes using for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient 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 utilized to conduct necessary security checks and employment for ultimate creation of a permit, employment permission (work license) or advance parole file. The recipient might be notified of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’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 permit.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the recipient’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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) officer at the port of entry. The CBP officer will examine and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card acts as evidence of long-term residency in the U.S.