Dreamcorpsllc

Overview

  • Founded Date April 10, 2013
  • Sectors Engineering Jobs
  • Posted Jobs 0
  • Viewed 2
Bottom Promo

Company Description

The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is an essential step to attaining that goal. In this short article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the initial step in the employment-based green card procedure. The procedure is developed to ensure that there are no certified U.S. workers readily available for the position and that the foreign employee will not adversely affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the job information are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed workers in a specific profession in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company need to at least offer the irreversible position at. It is likewise the rate that should 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 guidelines need a sponsoring company to check the U.S. labor market through numerous recruitment approaches for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 options when choosing when to begin the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

– thirty days task order with the State Workforce Agency serving the area of designated work;
– Two Sunday print advertisements in a paper of general circulation in the location of intended employment, many proper to the profession and most likely to bring actions from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be published at the job website for a period of 10 successive organization days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The employer must select 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company might be evaluating resumes and conducting interviews of U.S. workers. The employer must keep in-depth records of their recruitment efforts, including the variety of U.S. employees who used for the position, the number who were spoken with, 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 send the PERM application if no certified 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 top priority date and identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the number of hires, and, if suitable, the variety of U.S. candidates declined, summarized by the particular legal job-related factors for such rejections.

If an audit is released 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 approved, the employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees available for the position and that the recipient will not negatively impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending upon the choice category and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the company needs to 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 released. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equivalent to or higher than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this stage that the company will choose the employment-based preference category 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 qualifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories may not need an authorized 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, referall.us 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 might ask for extra information or paperwork by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to identify if there is an available green card. The real permit application can just be filed if the beneficiary’s concern date is existing, indicating a green card is right away available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a green card has ended up being offered to an applicant based upon their choice category, country of birth, and priority date. The date the PERM application is submitted develops the recipient’s priority date. In the immigration system, Congress set a limit on the variety of green cards that can be provided each year. That limit is presently 140,000. This indicates that in any given year, the maximum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is current, he/she will either go through adjustment of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This info will be utilized to perform required security checks and for ultimate creation of a permit, employment permission (work license) or advance parole document. The recipient might be alerted of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to determine if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a consultation for the recipient’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 inspect and figure out whether to admit the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The permit acts as proof of long-term residency in the U.S.

Bottom Promo
Bottom Promo
Top Promo