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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, job however for those looking for long-term residency in the U.S., it is an essential step to attaining that objective. In this post, we will go through the actions of the employment-based permit process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is normally the initial step in the employment-based permit procedure. The process is created to ensure that there are no certified U.S. workers offered for the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company starts the PERM process by preparing the job description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly employed workers in a particular profession in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, 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 a minimum of offer the irreversible position at. It is also the rate that needs to be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations need a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and available” U.S. employees. Generally, the employer has 2 options when choosing when to start the recruitment procedure. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for a professional or non-professional occupation, require the following recruitment efforts:
– thirty days job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of intended work, the majority of appropriate to the occupation and more than likely to bring actions from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 successive business days.
In addition to the necessary recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company needs to select 3 of the following:
– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee referral program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement
During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. workers. The employer must keep in-depth records of their recruitment efforts, including the variety of U.S. employees who obtained the position, the number who were spoken with, and the reasons they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is released and recruitment is complete, the employer can submit 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 top priority date and determines 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 filed. Therefore, the DOL implements a quality assurance procedure in the kind of audits to make sure compliance with all PERM regulations. In the occasion of an audit, the DOL normally requires:
– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the results achieved, the number of hires, and, if relevant, the number of U.S. applicants rejected, summed up by the specific legal job-related reasons for such rejections.
If an audit is released on a case, 3 to 4 months are contributed to the overall 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 confirms that there are no qualified U.S. employees readily available for the position which the recipient will not adversely affect 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 action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is current.
At the I-140 petition phase, the company should likewise show its ability 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 ways to show ability to pay:
1. Evidence that the wage paid to the to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (yearly report, tax return, or audited financial statement).
In addition, it is at this phase that the employer will choose the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the employee’s qualifications.
There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not require an authorized PERM application or I-140 petition.) The categories 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 filed, USCIS will review it and job might ask for extra info or paperwork by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is an available green card. The actual green card application can only be filed if the beneficiary’s top priority date is current, indicating a permit is immediately 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 shows when a green card has actually ended up being available to a candidate based on their preference classification, nation of birth, and concern date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be issued each year. That limitation is presently 140,000. This means that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.
Once the recipient’s concern date is existing, he/she will either go through adjustment of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status involves using for job the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and job signature taken and being fingerprinted. This info will be used to conduct required security checks and for eventual creation of a permit, employment authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.
Consular Processing
Consular processing includes obtaining the permit at a U.S. consulate in the recipient’s home country. The consular office establishes a consultation for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 determine whether to admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card functions as proof of irreversible residency in the U.S.