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

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based permit process. The procedure is created to ensure that there are no certified U.S. employees offered for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the task description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used workers in a specific occupation in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular 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 at least use the irreversible position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to evaluate the U.S. labor market through different recruitment methods for "able, prepared, certified, and offered" U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:

- one month job order with the State Workforce Agency serving the location of designated work;

• Two Sunday print advertisements in a paper of basic circulation in the area of intended employment, a lot of appropriate to the profession and probably to bring actions from able, prepared, qualified, and available U.S. workers; and
• Notice of Filing to be published at the for a duration of 10 consecutive business days.
  
  In addition to the obligatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company needs to choose 3 of the following:
  
  - Job Fairs
• Employer's company site
• Job search site
• On-Campus recruiting
• Trade or expert company
• Private employment companies
• Employee referral program
• Campus positioning workplace
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment process, the employer may be evaluating resumes and performing interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were interviewed, and the reasons that they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is released and recruitment is total, the company can send the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient's concern date and figures out his/her location in line in the green card visa line.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM regulations. In the occasion of an audit, the DOL typically requires:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
• Copies of applicants' resumes and finished employment applications; and.
• A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes attained, the variety of hires, and, if appropriate, the number of U.S. applicants turned down, summarized by the particular lawful job-related reasons for such rejections.
  
  If an audit is provided on a case, 3 to 4 months are included to the total 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 approved PERM/Labor Certification validates that there are no competent U.S. employees available for the position and that the beneficiary will not negatively impact the incomes and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the recipient's qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is existing.
  
  At the I-140 petition stage, the employer must also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate capability 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 business's net earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business's net possessions amount to or greater than the proffered wage (yearly report, tax return, or audited monetary statement).
   
   In addition, employment it is at this stage that the company will select 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 employee's qualifications.
   
   There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not require an authorized PERM application or I-140 petition.) The categories consist of:
   
   - 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 ask for additional details or documents by providing a Demand for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to determine if there is an offered green card. The actual permit application can only be submitted if the beneficiary's top priority date is present, meaning a green card is right away offered to the recipient.
  
  On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and suggests when a green card has actually appeared to an applicant based upon their choice category, nation of birth, and top priority date. The date the PERM application is filed establishes the recipient's concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limit 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 top priority date is existing, he/she will either go through modification of status or consular processing to get the permit.
  
  Adjustment of Status
  
  Adjustment of status involves looking for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This info will be utilized to conduct necessary security checks and for eventual development of a permit, work authorization (work license) or advance parole file. The recipient may be informed of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary's case to identify if it fulfills one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing involves making an application for the green card at a U.S. consulate in the beneficiary's home nation. The consular workplace establishes a visit for the beneficiary's interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 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 examine and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit functions as proof of permanent residency in the U.S.