The employment-based permit process is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is an essential step to attaining that objective. In this article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based permit procedure. The procedure is created to ensure that there are no competent U.S. workers available for the position which the foreign worker will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized workers in a specific occupation in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the employer must a minimum of provide the permanent position at. It is likewise the rate that should be paid to the worker once the green card is received. 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 numerous recruitment techniques for "able, willing, certified, and available" U.S. employees. Generally, the employer has 2 choices when choosing when to start the recruitment procedure. The employer can begin 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 occupation, need the following recruitment efforts:

- one month job order with the State Workforce Agency serving the area of designated employment;

• Two Sunday print advertisements in a paper of general flow in the location of desired work, a lot of proper to the occupation and employment probably to bring responses from able, willing, certified, and readily available U.S. workers; and
• Notice of Filing to be published at the task site for a period of 10 successive company days.
  
  In addition to the obligatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company must select 3 of the following:
  
  - Job Fairs
• Employer's company site
• Job search site
• On-Campus recruiting
• Trade or professional company
• Private work companies
• Employee recommendation program
• Campus placement office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, the number who were interviewed, and the reasons they were not employed.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is released and recruitment is total, the company can send the PERM application if no competent 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 submitted develops the recipient's priority date and figures out his/her location in line in the permit visa queue.
  
  React To PERM/Labor Certification Audit (if any)
  
  An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL usually needs:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
• Copies of applicants' resumes and finished employment applications; and.
• A recruitment report signed by the employer describing the recruitment actions carried out and the results achieved, the number of hires, and, if appropriate, the number of U.S. applicants declined, summarized by the particular lawful occupational reasons for such rejections.
  
  If an audit is provided 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 receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position which the recipient will not adversely affect the wages 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and evidence of the beneficiary's qualifications for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is present.
  
  At the I-140 petition phase, the employer must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to show capability to pay:
  
  1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the business's earnings is equal to or employment higher than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company's net possessions are equivalent to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).
   
   In addition, it is at this phase that the employer will select the employment-based choice classification 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 categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an approved PERM application or I-140 petition.) The classifications 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 additional info or paperwork by providing an Ask for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to determine if there is an offered green card. The real permit application can just be filed if the recipient's concern date is current, implying a green card is instantly offered to the beneficiary.
  
  Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and shows when a green card has actually appeared to a candidate based on their preference category, nation of birth, and concern date. The date the PERM application is filed develops the recipient's concern date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the optimum variety of green cards that can be issued 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 change of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status includes making an application for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for eventual production of a permit, employment authorization (work authorization) or advance parole file. The recipient might be informed of the date, time, and place for an interview at a USCIS office to address concerns under oath or employment affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will review the recipient's case to figure out if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.
  
  Consular Processing
  
  Consular processing includes looking for the permit at a U.S. consulate in the recipient's home country. The consular workplace sets up an appointment for the beneficiary's interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary 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 determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit works as proof of permanent residency in the U.S.