The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for employment those seeking irreversible residency in the U.S., it is an important step to achieving that goal. In this short article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the first action in the employment-based permit procedure. The process is designed to guarantee that there are no certified U.S. employees offered for the position and that the foreign employee will not adversely affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job details are finalized, 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 used employees in a particular profession in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of intended work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer must at least provide the irreversible position at. It is also the rate that needs to be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for "able, ready, certified, and offered" U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment process. 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 area of intended employment;

• Two Sunday print advertisements in a newspaper of basic blood circulation in the location of intended employment, many suitable to the occupation and probably to bring reactions from able, ready, certified, and available U.S. workers; and
• Notice of Filing to be posted at the task site for a duration of 10 consecutive organization days.
  
  In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company should choose 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search website
• On-Campus recruiting
• Trade or expert company
• Private work firms
• Employee recommendation program
• Campus placement workplace
• Local or ethnic paper; and
• Radio or TV ad
  
  During the recruitment process, the employer may be reviewing resumes and conducting interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, including the variety of U.S. workers 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 issued and recruitment is complete, the employer can submit the PERM application if no qualified 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 submitted establishes the beneficiary's priority date and figures out his/her location in line in the green card visa queue.
  
  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 ensure compliance with all PERM guidelines. In the event of an audit, the DOL normally needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads 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 carried out and the results achieved, the number of hires, and, if applicable, the number of U.S. candidates rejected, summed up by the specific legal occupational factors 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 company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees readily available for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and proof of the recipient's credentials for the sponsored position. Please note, depending on the choice category and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.
  
  At the I-140 petition stage, the employer must likewise demonstrate its ability 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 ways to demonstrate ability to pay:
  
  1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the business's earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the business's net assets amount to or greater than the (annual report, income tax return, or audited monetary statement).
   
   In addition, it is at this stage that the employer will choose the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the worker's qualifications.
   
   There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not need an authorized 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 filed, USCIS will review it and might ask for extra info or paperwork by providing a Demand for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available permit. The actual green card application can only be submitted if the beneficiary's concern date is current, meaning a permit is right away offered to the beneficiary.
  
  Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and indicates when a green card has actually appeared to a candidate based on their choice classification, country of birth, employment and concern date. The date the PERM application is submitted develops the recipient's concern date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be provided each year. That limitation is presently 140,000. This indicates that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.
  
  Once the recipient's top priority date is current, he/she will either go through adjustment of status or consular processing to get the permit.
  
  Adjustment of Status
  
  Adjustment of status includes getting 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 picture and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for eventual development of a green card, employment authorization (work authorization) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary's case to identify if it meets one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will receive the permit.
  
  Consular Processing
  
  Consular processing includes looking for the green card at a U.S. consulate in the recipient's home nation. The consular office sets up an appointment for the beneficiary's interview when his/her priority 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 used by USCIS to process the Visa Packet and produce the green card. The recipient 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 admit the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card serves as evidence of long-term residency in the U.S.