The employment-based permit process is a multi-step process 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 achieving that objective. In this short article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first step in the employment-based green card procedure. The process is created to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the task description for the sponsored position. Once the job details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized employees in a specific profession in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, 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 company must a minimum of offer the long-term position at. It is likewise the rate that must be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to test the U.S. labor market through various recruitment methods for "able, willing, certified, and offered" U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

- 30 day task order with the State Workforce Agency serving the location of designated work;

• Two Sunday print ads in a newspaper of basic blood circulation in the area of designated work, a lot of appropriate to the occupation and probably to bring responses from able, willing, certified, and offered U.S. workers; and
• Notice of Filing to be published at the job website for a duration of 10 successive company days.
  
  In addition to the necessary recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The company needs to select 3 of the following:
  
  - Job Fairs
• Employer's company site
• Job search website
• On-Campus recruiting
• Trade or professional company
• Private work companies
• Employee referral program
• Campus positioning office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. workers. The employer should keep comprehensive records of their recruitment efforts, including the number of U.S. employees who requested the position, the number who were spoken with, and the reasons they were not employed.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is complete, the company can send the if no competent 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 filed establishes the beneficiary's top priority date and figures out his/her place in line in the green card visa line.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
• Copies of candidates' resumes and completed work applications; and.
• A recruitment report signed by the company describing the recruitment steps undertaken and the results achieved, the variety of hires, and, if appropriate, the variety of U.S. candidates declined, summed up by the particular legal job-related factors for such rejections.
  
  If an audit is provided on a case, 3 to 4 months are included to the overall processing time of the PERM application.
  
  Receive the Approved PERM/Labor Certification
  
  If the PERM application is approved, the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers offered for the position and that the recipient will not negatively affect the salaries 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and evidence of the beneficiary's credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is present.
  
  At the I-140 petition stage, the company needs to 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 released. There are 3 methods to demonstrate ability to pay:
  
  1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings amounts to or greater than the proffered wage (annual report, employment income tax return, or audited monetary statement); OR.
3. Evidence that the company's net possessions are equivalent to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration).
   
   In addition, it is at this stage that the company will select the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee's credentials.
   
   There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need an approved PERM application or I-140 petition.) The classifications 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 review it and might request extra info or documents by issuing a Request for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an available permit. The real green card application can only be filed if the beneficiary's priority date is existing, implying a green card is right away readily available to the recipient.
  
  Each month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a green card has appeared to an applicant based upon their choice category, country of birth, employment and top priority date. The date the PERM application is submitted establishes the recipient's concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the maximum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary's priority date is existing, he/she will either go through modification of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status includes applying for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate development of a green card, work permission (work license) or advance parole document. The recipient may be notified of the date, time, and area for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary's case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing involves obtaining the green card at a U.S. consulate in the recipient's home country. The consular office establishes an appointment for the recipient's interview when his/her concern date ends up being present. 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 utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card acts as proof of permanent residency in the U.S.