The employment-based green card process is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, but for those looking for long-term residency in the U.S., employment it is a vital step to attaining that objective. In this short article, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification is generally the very first step in the employment-based green card process. The process is developed to guarantee that there are no qualified U.S. employees available for the position which the foreign worker will not negatively affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the job 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 specified as the typical wage paid to likewise employed workers in a specific occupation in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the area of designated work, travel requirements (if any), among other things. The prevailing wage is the rate the company need to a minimum of provide the permanent position at. It is also the rate that needs to be paid to the worker 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 employer to evaluate the U.S. labor market through various recruitment techniques for "able, willing, qualified, and offered" U.S. workers. Generally, the employer has 2 alternatives when choosing when to begin the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

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

• Two Sunday print ads in a paper of basic flow in the location of intended work, most suitable to the profession and probably to bring actions from able, willing, qualified, and readily available U.S. workers; and
• Notice of Filing to be published at the task site for a period of 10 successive company days.
  
  In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer must pick 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search website
• On-Campus recruiting
• Trade or professional company
• Private work companies
• Employee referral program
• Campus placement office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, including the variety 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 complete, the company 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 recipient's priority date and figures out his/her location in line in the permit visa queue.
  
  React To PERM/Labor Certification Audit (if any)
  
  An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL usually needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
• Copies of candidates' resumes and finished work applications; and.
• A recruitment report signed by the employer explaining the recruitment steps undertaken and the results accomplished, the variety of hires, and, if relevant, the number of U.S. applicants declined, 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 total 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 validates that there are no competent U.S. workers offered 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 been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the beneficiary's qualifications for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.
  
  At the I-140 petition phase, the company should also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show ability to pay:
  
  1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings is equivalent to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company's net assets are equivalent to or higher than the proffered wage (annual report, income tax return, or audited financial statement).
   
   In addition, it is at this phase that the employer will choose the employment-based preference category for the sponsored position. The category 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 categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an authorized PERM application or I-140 petition.) The classifications 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 submitted, USCIS will examine it and might ask for additional info or documentation by releasing a Request for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to figure out if there is an offered permit. The actual green card application can just be filed if the beneficiary's top priority date is existing, indicating a permit is immediately offered to the recipient.
  
  Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and shows when a green card has actually become offered to an applicant based upon their choice classification, country of birth, and concern date. The date the PERM application is submitted develops the beneficiary's top priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be issued each year. That limit is currently 140,000. This means that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary'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 making an application for the green card 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 includes having his/her image and signature taken and being fingerprinted. This details will be utilized to perform necessary security checks and for ultimate production of a permit, employment authorization (work authorization) or advance parole document. The recipient might be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary's case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.
  
  Consular Processing
  
  Consular processing involves making an application for the green card at a U.S. consulate in the recipient's home nation. The consular office sets up a visit for the recipient's interview when his/her concern date ends up being present. 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 utilized by USCIS to process the Visa Packet and produce the permit. The recipient 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 admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The green card functions as proof of permanent residency in the U.S.