The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step process that allows foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is a vital action to accomplishing that objective. In this short article, we will go through the steps 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 green card process. The procedure is created to guarantee that there are no qualified U.S. employees readily available for the position which the foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly used employees in a particular profession in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of intended work, travel requirements (if any), amongst other things. The dominating wage is the rate the company should at least offer the irreversible position at. It is also the rate that should 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 guidelines require a sponsoring company to test the U.S. labor market through numerous recruitment methods for “able, ready, certified, and available” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment procedure. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of general circulation in the location of desired work, the majority of proper to the profession and probably to bring reactions from able, willing, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 consecutive service days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The employer should pick 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the employer may be evaluating resumes and conducting interviews of U.S. workers. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were spoken with, and the reasons they were not employed.

Submit the PERM/Labor job Certification Application

After the PWD is issued and job recruitment is total, the employer can submit the PERM application if no competent 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 filed develops the beneficiary’s priority date and determines his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes attained, the number of hires, and, if relevant, the variety of U.S. applicants rejected, summed up by the specific legal job-related reasons for such rejections.

If an audit is issued on a case, job 3 to 4 months are included 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 approved PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position which the recipient will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: job I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be eligible to submit 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 must 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 issued. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties are equal to or greater than the proffered wage (yearly report, job tax return, or audited financial statement).

In addition, it is at this stage that the company will pick the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s qualifications.

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an authorized 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 submitted, USCIS will examine it and may ask for extra details or paperwork by issuing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an offered permit. The real permit application can only be submitted if the recipient’s top priority date is current, suggesting a green card is right away readily available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, job which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has actually become offered to an applicant based upon their choice classification, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is currently 140,000. This implies that in any given year, the maximum of permits that can be provided to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority 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 making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for job biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for ultimate development of a green card, employment authorization (work permit) or advance parole document. The beneficiary may be informed of the date, time, and area for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a visit for the beneficiary’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The recipient 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 check and determine whether to admit the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The green card works as proof of permanent residency in the U.S.