The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is a vital action to achieving that goal. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the first action in the employment-based permit procedure. The process is developed to ensure that there are no competent U.S. employees available for the position which the foreign employee will not adversely affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the task information 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 similarly utilized employees in a specific profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the area of desired work, travel requirements (if any), among other things. The dominating wage is the rate the employer need to at least use the permanent position at. It is likewise the rate that needs to 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 policies require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for "able, ready, certified, and available" U.S. employees. Generally, the employer has 2 options when choosing when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for a professional or non-professional profession, job need the following recruitment efforts:

- 1 month job order with the State Workforce Agency serving the location of intended work;

• Two Sunday print ads in a paper of basic circulation in the area of intended work, most suitable to the occupation and most likely to bring actions from able, willing, qualified, and readily available U.S. workers; and
• Notice of Filing to be published at the task website for a period of 10 successive company days.
  
  In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company should select 3 of the following:
  
  - Job Fairs
• Employer's company site
• Job search website
• On-Campus recruiting
• Trade or professional company
• Private employment companies
• Employee referral program
• Campus positioning workplace
• Local or ethnic paper; and
• Radio or TV ad
  
  During the recruitment procedure, the company may be evaluating resumes and performing interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were talked to, and the factors why they were not hired.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is complete, the employer can send 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 develops the recipient's concern date and figures out his/her location in line in the permit visa line.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the form of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL normally needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
• Copies of candidates' resumes and completed employment applications; and.
• A recruitment report signed by the employer describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if relevant, job the variety of U.S. candidates declined, summed up by the specific legal occupational reasons for such rejections.
  
  If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.
  
  Receive the Approved PERM/Labor Certification
  
  If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position which the beneficiary will not negatively affect the wages and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the recipient's certifications for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.
  
  At the I-140 petition stage, the employer should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 to show capability to pay:
  
  1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings is equivalent to or greater than the proffered wage (yearly report, job income tax return, or audited financial statement); OR.
3. Evidence that the business's net possessions amount to or greater than the proffered wage (annual report, tax return, or audited financial statement).
   
   In addition, it is at this stage that the employer will choose the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the worker's certifications.
   
   There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not need an approved 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, job and Unskilled Workers (Other Workers).
• EB-4: Certain Special Immigrants.
• EB-5: Immigrant Investors
  
  After the I-140 petition is submitted, USCIS will examine it and might ask for additional information or documents by releasing a Demand for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an available green card. The real permit application can only be submitted if the recipient's concern date is current, indicating a green card is right away offered to the recipient.
  
  Every month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and suggests when a permit has actually become available to an applicant based upon their preference classification, nation of birth, and concern date. The date the PERM application is filed develops the recipient's priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be released each year. That limit is presently 140,000. This implies 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 priority date is current, he/she will either go through modification of status or consular processing to get the green card.
  
  Adjustment of Status
  
  Adjustment of status includes applying for job the green card 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 generally involves having his/her picture and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate production of a permit, work authorization (work license) or advance parole file. The beneficiary might be notified of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary's case to identify if it satisfies among the exceptions. If the interview succeeds and job USCIS authorizes the application, job the recipient will receive the green card.
  
  Consular Processing
  
  Consular processing involves obtaining the permit at a U.S. consulate in the recipient's home country. The consular workplace establishes a visit for the beneficiary's interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is offered 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 identify whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit acts as evidence of irreversible residency in the U.S.