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The employment-based green card procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is a vital step to accomplishing that goal. In this short article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit procedure. The process is created to make sure that there are no qualified U.S. workers readily available for the position and that the foreign worker will not adversely impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the job information are finalized, employment a dominating 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 particular occupation in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of offer the permanent position at. It is likewise the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through different recruitment approaches for "able, ready, qualified, and available" U.S. employees. Generally, the employer has 2 choices when choosing when to start the recruitment process. The company can begin advertising (1) while the prevailing 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:

- 30 day job order with the State Workforce Agency serving the area of desired work;

• Two Sunday print ads in a newspaper of general circulation in the area of desired employment, the majority of suitable to the and probably to bring reactions from able, prepared, certified, and available U.S. employees; and
• Notice of Filing to be posted at the task site for a duration of 10 successive business days.
  
  In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company should pick 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search site
• On-Campus recruiting
• Trade or expert organization
• Private employment companies
• Employee recommendation program
• Campus placement office
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment process, the employer may be evaluating resumes and conducting interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. employees who applied for 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 provided and recruitment is total, the company can send the PERM application if no certified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary's top priority date and employment figures out his/her location in line in the permit visa queue.
  
  React To PERM/Labor Certification Audit (if any)
  
  An employer is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the form of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL typically requires:
  
  - Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
• Copies of candidates' resumes and completed work applications; and.
• A recruitment report signed by the employer explaining the recruitment actions undertaken and the results achieved, the variety of hires, and, if appropriate, the number of U.S. candidates declined, summarized by the specific lawful job-related reasons 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 company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees offered for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the beneficiary's credentials for the sponsored position. Please note, depending upon the preference category and country of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is current.
  
  At the I-140 petition phase, the company should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 ways to show ability to pay:
  
  1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the business's net earnings is equivalent to or higher than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company's net properties amount to or greater than the proffered wage (annual report, income tax return, or audited financial statement).
   
   In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the worker's certifications.
   
   There are several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require 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 filed, USCIS will examine it and might ask for extra info or documentation by providing a Demand for Evidence (RFE).
  
  Step 3: Green Card 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 submitted if the recipient's top priority date is present, suggesting a green card is instantly offered to the recipient.
  
  Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and suggests when a green card has appeared to an applicant based upon their preference category, country of birth, and concern date. The date the PERM application is submitted develops the recipient's concern date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be released each year. That limitation is currently 140,000. This suggests 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 recipient's concern date is current, he/she will either go through change of status or consular processing to receive the permit.
  
  Adjustment of Status
  
  Adjustment of status includes getting the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This information will be used to conduct required security checks and for ultimate production of a green card, employment authorization (work authorization) or advance parole file. The beneficiary might be informed of the date, time, and area for an interview at a USCIS workplace to respond to concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the recipient's case to determine if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.
  
  Consular Processing
  
  Consular processing includes obtaining the permit at a U.S. consulate in the recipient's home nation. The consular workplace sets up an appointment for the recipient's interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 inspect and figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card functions as evidence of permanent residency in the U.S.