The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, however for those looking for permanent residency in the U.S., it is an essential step to achieving that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the task description for the sponsored position. Once the job details are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used workers in a specific occupation in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job responsibilities, requirements for the position, the area of designated work, travel requirements (if any), among other things. The dominating wage is the rate the company should a minimum of offer the permanent position at. It is likewise the rate that must be paid to the once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to check the U.S. labor market through different recruitment approaches for "able, ready, certified, and readily available" U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. The employer can begin advertising (1) while the dominating 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:

- 1 month task order with the State Workforce Agency serving the location of intended employment;

• Two Sunday print ads in a newspaper of basic flow in the area of desired work, many suitable to the occupation and most likely to bring reactions from able, willing, qualified, and available U.S. workers; and
• Notice of Filing to be published at the task site for a duration of 10 consecutive service days.
  
  In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The company needs to choose 3 of the following:
  
  - Job Fairs
• Employer's business website
• Job search website
• On-Campus recruiting
• Trade or professional organization
• Private employment companies
• Employee recommendation program
• Campus placement workplace
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment procedure, the company might be evaluating resumes and performing interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who requested the position, the number who were interviewed, and the reasons they were not hired.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is provided and recruitment is total, the company can submit the PERM application 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 develops the beneficiary's top priority date and figures out his/her place in line in the green card visa queue.
  
  React To PERM/Labor Certification Audit (if any)
  
  A company is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control process in the form of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads put 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 outcomes achieved, the variety of hires, and, if applicable, the number of U.S. candidates rejected, summarized by the specific legal job-related factors for such rejections.
  
  If an audit is issued 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 qualified U.S. employees offered for the position which the recipient will not adversely affect the wages and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the recipient's credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is present.
  
  At the I-140 petition phase, the company should 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 methods to demonstrate 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 is equivalent to or greater than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the business's net possessions amount to or higher than the proffered wage (annual report, income tax return, or audited financial statement).
   
   In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker's credentials.
   
   There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not require 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 examine it and may ask for additional information or documentation by issuing an Ask for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an available green card. The real permit application can just be filed if the beneficiary's priority date is existing, indicating a permit is instantly readily available to the beneficiary.
  
  Monthly, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and shows when a permit has actually appeared to a candidate based upon their preference category, nation of birth, and top priority date. The date the PERM application is submitted develops the recipient's concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be released each year. That limit is currently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based applicants and their dependents is 140,000.
  
  Once the recipient's top priority date is present, he/she will either go through adjustment of status or consular processing to receive the permit.
  
  Adjustment of Status
  
  Adjustment of status includes using for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and employment signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for ultimate production of a permit, employment authorization (work license) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS office to respond to concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient's case to determine 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 requesting the green card at a U.S. consulate in the beneficiary's home nation. The consular office sets up a consultation for the recipient's interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 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 inspect and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The green card serves as evidence of long-term residency in the U.S.