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The employment-based green card procedure is a multi-step process 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 irreversible residency in the U.S., it is an important step to attaining that objective. In this post, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the first action in the employment-based permit procedure. The procedure is created to guarantee that there are no certified U.S. workers offered for the position and that the foreign worker will not adversely impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is sent to the Department of Labor job (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized employees in a particular occupation in the area of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for job the position, the location of designated work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of provide the long-term position at. It is also the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to evaluate the U.S. labor market through various recruitment approaches for "able, prepared, certified, and readily available" U.S. workers. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The employer can begin marketing (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:

- 1 month task order with the State Workforce Agency serving the area of work;

• Two Sunday print advertisements in a newspaper of general blood circulation in the location of intended work, a lot of appropriate to the occupation and most likely to bring reactions from able, ready, certified, and available U.S. employees; and
• Notice of Filing to be posted at the job website for a duration of 10 consecutive company days.
  
  In addition to the compulsory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The employer needs to select 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search site
• On-Campus recruiting
• Trade or professional company
• Private work firms
• Employee referral program
• Campus positioning workplace
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment process, the company might be reviewing resumes and carrying out interviews of U.S. employees. The company must 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 worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is total, job the employer can submit the PERM application if no certified 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 recipient's priority date and figures out his/her place in line in the green card visa line.
  
  React To PERM/Labor Certification Audit (if any)
  
  A company is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the form of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL usually needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
• Copies of applicants' resumes and finished work applications; and.
• A recruitment report signed by the company explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if appropriate, the variety of U.S. applicants rejected, summed up by the particular lawful job-related 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 company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees readily available for the position and that the beneficiary will not negatively impact the incomes and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the beneficiary's qualifications for the sponsored position. Please note, depending upon the choice classification and job country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is existing.
  
  At the I-140 petition phase, the company should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to show capability to pay:
  
  1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, job W-2s);.

2. Evidence that the business's earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company's net properties are equal to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration).
   
   In addition, it is at this stage that the company will pick the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the staff member's certifications.
   
   There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might 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, 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 documents by issuing an Ask for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available green card. The real green card application can only be submitted if the recipient's priority date is current, meaning a green card is instantly readily available to the beneficiary.
  
  Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and suggests when a permit has actually appeared to a candidate based on their preference category, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary's concern date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be provided each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.
  
  Once the recipient's top priority date is existing, he/she will either go through adjustment of status or consular processing to get the permit.
  
  Adjustment of Status
  
  Adjustment of status includes requesting the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This information will be used to conduct required security checks and for ultimate creation of a green card, work permission (work authorization) or advance parole document. The recipient might be notified of the date, time, and place for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the beneficiary's case to identify if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.
  
  Consular Processing
  
  Consular processing involves obtaining the permit at a U.S. consulate in the beneficiary's home country. The consular office sets up a visit for the recipient's interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient 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 green card. 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 examine and identify whether to admit the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit functions as proof of irreversible residency in the U.S.