The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is an important action to attaining that goal. In this short article, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based green card process. The procedure is created to make sure that there are no competent U.S. workers readily available for the position and that the foreign worker will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly utilized workers in a specific profession in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the area of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the company need to a minimum of offer the long-term position at. It is also the rate that should be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to check the U.S. labor market through different recruitment methods for "able, prepared, certified, and readily available" U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. The employer can start advertising (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 profession, need the following recruitment efforts:

- 30 day job order with the State Workforce Agency serving the area of designated employment;
- Two Sunday print ads in a paper of general circulation in the location of intended work, a lot of appropriate to the occupation and probably to bring reactions from able, ready, employment qualified, and readily available U.S. workers; and
- Notice of Filing to be published at the job site for a duration of 10 consecutive company days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer must pick 3 of the following:

- Job Fairs
- Employer's business website
- Job search website
- On-Campus recruiting
- Trade or professional organization
- Private work firms
- Employee recommendation program
- Campus positioning workplace
- Local or ethnic newspaper; and
- Radio or TV advertisement

During the recruitment procedure, the company may be reviewing resumes and conducting interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, the number who were spoken with, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can send 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 filed develops the beneficiary's concern date and figures out his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL typically requires:

- Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
- Copies of applicants' resumes and completed work applications; and.
- A recruitment report signed by the employer explaining the recruitment steps carried out and the results attained, the variety of hires, and, if suitable, the number of U.S. applicants rejected, summed up by the particular legal job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position which the beneficiary 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 file 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 recipient's credentials for the sponsored position. Please note, depending on the preference classification and nation 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 concern date is existing.

At the I-140 petition phase, the company should likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business's earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business's net possessions amount to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration).

In addition, it is at this stage that the company will select 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 employment the staff member's certifications.

There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require 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, Professionals, and Unskilled Workers (Other Workers).
- EB-4: Certain Special Immigrants.
- EB-5: employment Immigrant Investors

After the I-140 petition is filed, USCIS will review it and may request extra info or documentation by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an available green card. The actual green card application can only be filed if the beneficiary's priority date is existing, meaning a green card is instantly available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and shows when a green card has appeared to a candidate 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 employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limit is presently 140,000. This means that in any given year, the maximum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient's concern date is current, he/she will either go through adjustment of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves using for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate production of a permit, work authorization (work license) 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 examine the recipient's case to identify if it meets among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the recipient's home country. The consular workplace sets up a consultation for the recipient's interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided 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 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 examine and identify whether to confess the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The green card functions as proof of permanent residency in the U.S.