The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an important action to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the first step in the employment-based green card procedure. The process is designed to make sure that there are no qualified U.S. workers readily available for the position which the foreign worker will not adversely affect the earnings 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 details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized employees in a specific profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer must at least offer the permanent position at. It is also the rate that must be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to check the U.S. labor market through different recruitment techniques for "able, ready, qualified, and available" U.S. employees. Generally, the employer has 2 choices when choosing when to start the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

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

• Two Sunday print ads in a newspaper of general circulation in the area of designated employment, the majority of proper to the profession and most likely to bring reactions from able, ready, certified, and readily available U.S. employees; and
• Notice of Filing to be posted at the task site for a duration of 10 successive service days.
  
  In addition to the compulsory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer must choose 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search site
• On-Campus recruiting
• Trade or expert company
• Private employment firms
• Employee recommendation program
• Campus positioning office
• Local or ethnic paper; and
• Radio or TV ad
  
  During the recruitment procedure, the employer may be reviewing resumes and performing interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who obtained the position, the number who were spoken with, employment and the reasons they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is provided and recruitment is complete, 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 submitted 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)
  
  An employer is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the kind of audits to make sure compliance with all PERM regulations. 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 finished employment applications; and.
• A recruitment report signed by the employer explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if relevant, the variety of U.S. candidates declined, summed up by the specific legal job-related reasons for such rejections.
  
  If an audit is released 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 authorized, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. employees readily available for the position and that the recipient will not negatively impact the wages and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and proof of the recipient's certifications for the sponsored position. Please note, depending upon the choice category and country of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is existing.
  
  At the I-140 petition phase, the company needs to also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 methods to show capability 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 net earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the company's net properties are equal to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).
   
   In addition, it is at this phase that the company will pick the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the employee's certifications.
   
   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 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: employment 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 may ask for additional information or paperwork by releasing an Ask for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to figure out if there is an available green card. The actual green card application can only be filed if the beneficiary's concern date is current, implying a permit is right away offered to the recipient.
  
  On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a permit has ended up being readily available to a candidate based upon their choice classification, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary's top priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limitation is currently 140,000. This indicates that in any given year, the maximum number of permits that can be released to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary's priority date is existing, he/she will either go through adjustment of status or consular processing to get the permit.
  
  Adjustment of Status
  
  Adjustment of status includes looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and employment signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate production of a green card, employment authorization (work license) or advance parole . The recipient may be informed of the date, time, and employment area for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the recipient's case to figure out if it satisfies among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing includes looking for the green card at a U.S. consulate in the beneficiary's home nation. The consular workplace sets up a consultation for the recipient's interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is provided 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 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 inspect and figure out whether to confess the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The green card serves as evidence of permanent residency in the U.S.