The employment-based green card process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is a vital action to achieving that objective. In this article, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the very first step in the employment-based green card procedure. The procedure is designed to make sure that there are no competent U.S. workers readily available for the position which the foreign employee will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly utilized workers in a particular profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of designated employment, travel requirements (if any), among other things. The prevailing wage is the rate the company need to a minimum of use the irreversible position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to check the U.S. labor market through various recruitment techniques for "able, willing, certified, and readily available" U.S. workers. Generally, the company has 2 choices when choosing 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 a professional or non-professional profession, need the following recruitment efforts:

- one month 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 desired employment, a lot of suitable to the profession and more than likely to bring reactions from able, ready, qualified, and available U.S. employees; and
• Notice of Filing to be published at the job site for a period of 10 consecutive business days.
  
  In addition to the obligatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The employer should select 3 of the following:
  
  - Job Fairs
• Employer's company site
• Job search site
• On-Campus recruiting
• Trade or professional company
• Private work companies
• Employee recommendation program
• Campus positioning office
• Local or ethnic newspaper; and
• Radio or TV ad
  
  During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The employer must keep in-depth records of their recruitment efforts, including the variety of U.S. who obtained the position, the number who were spoken with, and the reasons that they were not hired.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is total, the company can submit the PERM application if no qualified 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 develops the recipient's concern date and identifies his/her place in line in the green card visa line.
  
  React To PERM/Labor Certification Audit (if any)
  
  An employer is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL typically needs:
  
  - Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
• Copies of candidates' resumes and completed work applications; and.
• A recruitment report signed by the company describing the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if suitable, the number of U.S. applicants declined, summarized by the particular legal occupational reasons for such rejections.
  
  If an audit is issued on a case, 3 to 4 months are contributed to the total processing time of the PERM application.
  
  Receive the Approved PERM/Labor Certification
  
  If the PERM application is authorized, the company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers available for the position and that the beneficiary will not adversely impact the earnings and working conditions of U.S. workers.
  
  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 include the approved PERM application and proof of the beneficiary's qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.
  
  At the I-140 petition stage, the company must also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to show ability to pay:
  
  1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business's net assets amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement).
   
   In addition, it is at this phase that the company will select the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee's certifications.
   
   There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require 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 review it and may request additional details or documentation by releasing a Request for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The real permit application can only be submitted if the beneficiary's concern date is existing, suggesting a green card is right away available to the beneficiary.
  
  Each month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based on their preference classification, country of birth, and top priority date. The date the PERM application is filed establishes the beneficiary's priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the maximum variety of permits that can be issued 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 change of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status includes making an application for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient 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 eventual creation of a permit, work authorization (work authorization) or advance parole document. The beneficiary may be informed of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary's case to determine if it meets among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.
  
  Consular Processing
  
  Consular processing includes looking for the green card at a U.S. consulate in the beneficiary's home nation. The consular workplace establishes an appointment for wiki.eqoarevival.com the beneficiary's interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient 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 identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card serves as evidence of long-term residency in the U.S.