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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 nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for employment those looking for long-term residency in the U.S., it is a vital action to attaining that goal. In this post, we will go through the actions of the employment-based permit process 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 developed to make sure that there are no competent U.S. employees readily available for the position which the foreign worker will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure 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 dominating wage rate is defined as the average wage paid to likewise used workers in a particular occupation in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the area of desired employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company should a minimum of use the long-term position at. It is also the rate that must 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 guidelines require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for “able, willing, qualified, and offered” U.S. employees. Generally, the employer has 2 alternatives when choosing when to start the recruitment process. The employer can start 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:

– 30 day task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of general flow in the location of designated employment, most suitable to the occupation and probably to bring reactions from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 consecutive business days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be evaluating resumes and carrying out interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the number of U.S. employees who looked for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit 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 filed establishes the beneficiary’s top priority date and determines his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control process in the type of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the outcomes achieved, the number of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the particular legal occupational reasons for employment such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. employees available for the position and that 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 actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference category and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, employment the company must also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets are equal to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration).

In addition, it is at this phase that the employer 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 worker’s credentials.

There are numerous categories of green cards, and each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The categories include:

– 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: employment Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might ask for additional information or documents by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available permit. The actual green card application can just be submitted if the recipient’s top priority date is existing, meaning a green card is instantly available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a permit has actually become available to an applicant based on their choice classification, country of birth, and concern date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally involves having his/her photo and signature taken and being fingerprinted. This details will be used to conduct required security checks and for ultimate creation of a permit, work authorization (work license) or advance parole file. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is given 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 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 examine and employment figure out whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The green card serves as evidence of long-term residency in the U.S.