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

The employment-based permit process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is a vital step to accomplishing that objective. In this article, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first step in the employment-based permit procedure. The procedure is developed to make sure that there are no qualified U.S. workers readily available for the position and employment that the foreign employee will not adversely impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the job information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized employees in a particular occupation in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of desired work, travel requirements (if any), among other things. The dominating wage is the rate the company need to at least provide the permanent position at. It is also the rate that must 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 require a sponsoring company to check the U.S. labor market through different recruitment techniques for “able, willing, qualified, and offered” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic blood circulation in the location of designated employment, a lot of appropriate to the profession and most likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the task website for a period of 10 successive business days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company needs to pick 3 of the following:

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

During the recruitment process, employment the company may be reviewing resumes and performing interviews of U.S. workers. The company must keep in-depth 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 hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, employment the employer can send the PERM application if no competent U.S. employees were discovered. 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 identifies his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the form of audits to ensure compliance with all PERM regulations. 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 completed work applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. applicants turned down, summed up by the specific lawful job-related factors for such rejections.

If an audit is issued 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 authorized, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position and that the recipient will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and employment evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary may be qualified to file 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 must likewise demonstrate its capability 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 demonstrate 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 business’s earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or greater than the (yearly report, tax return, or audited financial statement).

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

There are several categories 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 classifications 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 submitted, USCIS will examine it and might request extra info or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an offered green card. The real green card application can just be filed if the recipient’s concern date is present, implying a green card is instantly readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a green card has appeared to an applicant based on their preference classification, nation of birth, and priority date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be released each year. That limit is currently 140,000. This means that in any given year, the optimum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves applying for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform necessary security checks and for eventual production of a green card, employment permission (work license) or advance parole file. The recipient might be notified of the date, time, and place for an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes using for the green card 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 present. 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 produce the permit. The recipient 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 figure out whether to admit the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card acts as proof of irreversible residency in the U.S.