The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an important step to attaining that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based green card procedure. The process is developed to ensure that there are no competent U.S. employees readily available for job the position which the foreign employee will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized workers in a particular occupation in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should at least provide the permanent position at. It is likewise the rate that should be paid to the staff member once the permit is gotten. Current processing times for job dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through different recruitment methods for "able, ready, qualified, and readily available" U.S. employees. Generally, the employer has 2 options when choosing when to start the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

- one month task order with the State Workforce Agency serving the location of desired work;
- Two Sunday print advertisements in a newspaper of general circulation in the area of designated employment, the majority of suitable to the occupation and job most likely to bring reactions from able, willing, certified, and available U.S. employees; and
- Notice of Filing to be published at the task site for a duration of 10 consecutive organization days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be published. The company should pick 3 of the following:

- Job Fairs
- Employer's company website
- Job search site
- On-Campus recruiting
- Trade or expert organization
- Private work companies
- Employee recommendation program
- Campus positioning office
- Local or ethnic newspaper; and
- Radio or TV advertisement

During the recruitment procedure, the company may be reviewing resumes and performing interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, including the variety of U.S. workers who requested 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 provided and job recruitment is complete, the company 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 beneficiary's priority date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor job Certification Audit (if any)

A company is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the type of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL generally requires:

- Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
- Copies of candidates' resumes and completed employment applications; and.
- A recruitment report signed by the employer explaining the recruitment actions undertaken and the results achieved, the number of hires, and, if suitable, the variety of U.S. candidates turned down, summarized by the particular legal job-related factors 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 get it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position and that the beneficiary will not adversely affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file 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 certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is existing.

At the I-140 petition stage, the employer should likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the beneficiary is equal 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 properties amount to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration).

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

There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories 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 submitted, USCIS will review it and might request additional details or paperwork by issuing an Ask for Evidence (RFE).

Step 3: job Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to determine if there is an available permit. The actual green card application can just be filed if the beneficiary's top priority date is present, job suggesting a green card is immediately available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a green card has actually appeared to an applicant based upon their choice category, country of birth, and concern date. The date the PERM application is submitted establishes the recipient's priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be issued each year. That limitation is currently 140,000. This means that in any given year, the maximum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and for eventual creation of a permit, work permission (work permit) or advance parole document. The beneficiary may be notified of the date, time, and place for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will review the beneficiary's case to identify if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the beneficiary's home nation. The consular office sets up a consultation for the recipient's interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 inspect and identify whether to confess the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The permit acts as evidence of long-term residency in the U.S.