Thesecurityexchange

Overview

  • Sectors Chemical industry
  • Posted Jobs 0
  • Viewed 5
Bottom Promo

Company Description

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

The employment-based green card process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those looking for irreversible residency in the U.S., it is an important step to achieving that objective. In this post, we will go through the actions of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based permit procedure. The procedure is created to guarantee that there are no qualified U.S. employees readily available for the position and that the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the task description for the sponsored position. Once the task information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise employed employees in a particular profession in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the company need to a minimum of provide the irreversible position at. It is also the rate that must 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 policies require a sponsoring company to test the U.S. labor market through numerous recruitment techniques for “able, ready, certified, and available” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment procedure. The employer can start 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 task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a newspaper of general flow in the location of intended employment, most proper to the occupation and probably to bring responses from able, prepared, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive company days.

In addition to the necessary recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer should select 3 of the following:

Job Fairs
– Employer’s company site
Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company might be reviewing resumes and conducting interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can submit the PERM application if no qualified 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 recipient’s concern date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality assurance process in the kind of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if relevant, the number of U.S. applicants rejected, summarized by the particular legal occupational factors for such rejections.

If an audit is provided 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 receive it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position and that the recipient will not adversely affect the incomes and working conditions of U.S. employees.

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 should consist of the approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is existing.

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

1. Evidence that the wage paid to the beneficiary is equivalent to or referall.us greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income is equivalent to or greater than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).

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

There are numerous classifications 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 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 evaluate it and might request extra details or documents by providing a Demand 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 offered permit. The actual green card application can just be submitted if the beneficiary’s top priority date is present, indicating a permit is instantly offered to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a permit has become available to a candidate based on their preference category, country of birth, and concern date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This indicates 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 present, he/she will either go through change 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 a modification of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This information will be used to conduct required security checks and for eventual development of a green card, work permission (work license) or advance parole document. The beneficiary might be notified of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to determine 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 includes making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 identify whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card serves as proof of irreversible residency in the U.S.

Bottom Promo
Bottom Promo
Top Promo