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

The employment-based permit procedure is a multi-step process that allows foreign to live and work permanently in the U.S. The process can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is an essential action to achieving that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based green card procedure. The process is created to guarantee that there are no competent U.S. workers 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 begins the PERM process by preparing the job description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly utilized employees in a specific profession in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to at least offer the permanent position at. It is also the rate that needs to be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to test the U.S. labor market through various recruitment techniques for “able, ready, certified, and available” U.S. workers. Generally, job the company has 2 alternatives when choosing when to begin the recruitment procedure. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 1 month task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a paper of general blood circulation in the location of designated employment, many appropriate to the occupation and most likely to bring reactions from able, prepared, certified, and job offered U.S. workers; and
– Notice of Filing to be posted at the job website for a period of 10 successive service days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer should choose 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. workers. The employer needs to keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who applied for the position, the number who were spoken with, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no certified U.S. workers 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 concern date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documents when a PERM application is filed. Therefore, job the DOL executes a quality control procedure in the form of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the specific lawful occupational reasons for such rejections.

If an audit is provided on a case, 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. workers available for the position and that the beneficiary will not adversely impact the earnings and working conditions of U.S. workers.

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 should include the approved PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is current.

At the I-140 petition phase, the company needs to likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted 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 company’s net income amounts to or greater than the proffered wage (annual report, tax return, or job audited monetary declaration); OR.
3. Evidence that the business’s net possessions are equal 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 employer will pick the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s qualifications.

There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, job some categories might not require 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: job 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 evaluate it and might ask for additional details or paperwork by providing an Ask 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 available green card. The actual permit application can only be submitted if the recipient’s top priority date is existing, suggesting a green card is immediately available to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and suggests when a green card has actually become available to a candidate based on their preference classification, nation of birth, and concern date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be provided each year. That limitation is presently 140,000. This implies that in any given year, the optimum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority date is existing, he/she will either go through modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for eventual creation of a permit, employment authorization (work permit) or advance parole document. The recipient may be alerted of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get 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 office establishes an appointment for the recipient’s interview when his/her priority date becomes existing. 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 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 check and identify whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card acts as proof of long-term residency in the U.S.