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The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those looking for long-term residency in the U.S., it is an essential step to achieving that goal. In this post, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit process. The procedure is created to guarantee that there are no qualified U.S. workers available for the position and that the foreign worker will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the task details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used employees in a particular profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company need to a minimum of offer the irreversible position at. It is likewise the rate that must be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through different recruitment techniques for "able, prepared, certified, and offered" U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

- one month job order with the State Workforce Agency serving the location of intended work;

• Two Sunday print advertisements in a paper of general circulation in the location of designated work, most appropriate to the occupation and most likely to bring responses from able, prepared, certified, and king-wifi.win available U.S. employees; and
• Notice of Filing to be published at the job site for a period of 10 consecutive company days.
  
  In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:
  
  - Job Fairs
• Employer's business website
• Job search site
• On-Campus recruiting
• Trade or expert company
• Private work firms
• Employee recommendation program
• Campus placement office
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment procedure, the employer might be reviewing resumes and performing interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, including the variety of U.S. employees who got the position, the number who were spoken with, and the reasons why they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is complete, the employer can send the PERM application if no qualified 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 establishes the recipient's priority date and identifies his/her location in line in the permit visa line.
  
  React To PERM/Labor Certification Audit (if any)
  
  A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL normally needs:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
• Copies of candidates' resumes and finished work applications; and.
• A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the variety of hires, and, if suitable, the variety of U.S. applicants turned down, summed up by the particular legal occupational factors for such rejections.
  
  If an audit is provided 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 approved, the company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. workers offered for the position and that the beneficiary will not negatively impact the earnings and working of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the beneficiary's certifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is current.
  
  At the I-140 petition stage, the company should also show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to demonstrate capability 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 earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business's net properties amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).
   
   In addition, it is at this phase that the company will pick the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the worker's credentials.
   
   There are numerous 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 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 review it and may ask for additional details or paperwork by releasing an Ask for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to determine if there is an available green card. The actual green card application can just be filed if the recipient's priority date is existing, implying a green card is immediately offered to the beneficiary.
  
  On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a permit has actually become available to an applicant based upon their choice classification, country of birth, and priority date. The date the PERM application is filed establishes the beneficiary's concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limit is presently 140,000. This implies that in any given year, the optimum number of permits that can be released to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary's concern date is current, he/she will either go through modification of status or consular processing to receive the permit.
  
  Adjustment of Status
  
  Adjustment of status involves obtaining the green card 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 generally involves having his/her image and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for ultimate production of a permit, employment permission (work authorization) or advance parole file. The recipient may be informed of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the recipient's case to figure out if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing includes getting the permit at a U.S. consulate in the beneficiary's home nation. The consular office establishes a visit 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 beneficiary 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 inspect and identify whether to admit the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The permit works as evidence of irreversible residency in the U.S.