The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is an essential step to achieving that objective. In this post, employment we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the primary step in the employment-based permit process. The procedure is developed to guarantee that there are no certified U.S. employees readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. employees.

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 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 likewise used workers in a specific profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to at least provide the irreversible position at. It is likewise the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to check the U.S. labor market through different recruitment approaches for "able, willing, qualified, and available" U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The company can begin 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 advertisements in a newspaper of basic circulation in the area of designated employment, most appropriate to the occupation and more than likely to bring actions from able, ready, qualified, and offered U.S. employees; and
• Notice of Filing to be published at the task website for a period of 10 successive business days.
  
  In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer must select 3 of the following:
  
  - Job Fairs
• Employer's business website
• Job search site
• On-Campus recruiting
• Trade or professional organization
• Private employment companies
• Employee referral program
• Campus positioning office
• Local or ethnic newspaper; and
• Radio or TV ad
  
  During the recruitment process, the company might be reviewing resumes and performing interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, including the variety of U.S. workers who requested the position, the number who were interviewed, and the factors why they were not employed.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is provided and recruitment is total, the company can send the PERM application if no certified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary's concern date and identifies his/her location in line in the green card visa queue.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the type of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL typically needs:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
• Copies of applicants' resumes and finished employment applications; and.
• A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes accomplished, the number of hires, and, if relevant, the variety of U.S. applicants rejected, summarized by the specific lawful occupational factors for such rejections.
  
  If an audit is released 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 validates that there are no competent U.S. workers readily available for the position and that the beneficiary will not adversely affect the earnings and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the beneficiary's certifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is current.
  
  At the I-140 petition phase, the company needs to also show its capability to pay the beneficiary 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 beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings amounts to or employment higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company's net properties are equivalent to or higher than the proffered wage (yearly report, tax return, or declaration).
   
   In addition, it is at this phase that the employer will choose the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the worker's credentials.
   
   There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories may not need an approved 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 examine it and might request additional info or documents by releasing an Ask for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is a readily available green card. The actual green card application can only be submitted if the recipient's priority date is present, meaning a permit is instantly offered to the beneficiary.
  
  Monthly, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and employment suggests when a green card has actually become available to an applicant based upon their choice category, nation of birth, and top priority date. The date the PERM application is submitted develops the beneficiary's top priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is currently 140,000. This means that in any given year, the optimum number of permits that can be provided to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary's concern date is present, he/she will either go through modification of status or employment consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status involves looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for ultimate development of a green card, work authorization (work authorization) or advance parole document. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient's case to determine if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary's home country. The consular office sets up a consultation for employment the recipient's interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is given 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 examine and figure out whether to confess the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.