The employment-based permit procedure is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for employment those looking for irreversible residency in the U.S., it is an essential action to accomplishing that goal. In this post, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit process. The process is created to ensure that there are no qualified U.S. employees offered for the position which the foreign worker 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 task description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise used workers in a particular profession in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of use the permanent position at. It is also the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through numerous recruitment methods for "able, ready, certified, and available" U.S. employees. 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 an expert or non-professional profession, need the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the location of desired work;
- Two Sunday print ads in a paper of general circulation in the area of intended employment, many suitable to the profession and most likely to bring actions from able, willing, qualified, and offered U.S. employees; and
- Notice of Filing to be published at the task website for a period of 10 consecutive service days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company must select 3 of the following:

- Job Fairs
- Employer's business site
- Job search site
- On-Campus recruiting
- Trade or professional organization
- Private employment companies
- Employee recommendation program
- Campus positioning office
- Local or ethnic paper; and
- Radio or TV advertisement

During the recruitment procedure, the company may be examining resumes and performing interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit the PERM application if no certified 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 recipient's top priority date and identifies his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the kind of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually needs:

- Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
- Copies of applicants' resumes and completed work applications; and.
- A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. candidates rejected, summarized by the specific legal job-related factors for such rejections.

If an audit is issued 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 authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers readily available for the position and that the beneficiary will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action 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 certifications for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

At the I-140 petition stage, the company must also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company's net income amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business's net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this stage that the company will choose the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member's qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need 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 employment 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 may request additional details or documentation by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available green card. The real green card application can just be filed if the beneficiary's priority date is existing, suggesting a permit is immediately readily available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a green card has actually become offered to a candidate based upon their preference classification, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary's top priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be released each year. That limit is presently 140,000. This suggests that in any given year, the optimum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient's priority date is current, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves obtaining the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate creation of a permit, work authorization (work permit) or advance parole file. The recipient might be informed of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine the recipient's case to identify if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the beneficiary's home country. The consular workplace sets up an appointment for the beneficiary's interview when his/her top priority date becomes existing. 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 beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the permit in the mail. The green card works as proof of permanent residency in the U.S.