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

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an essential step to attaining that objective. 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 procedure is typically the very first action in the employment-based green card process. The process is developed to make sure that there are no certified U.S. workers readily available for the position and that the foreign worker will not adversely impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed employees in a specific profession in the location of desired work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer must a minimum of use the permanent position at. It is also the rate that should be paid to the employee 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 check the U.S. labor market through numerous recruitment methods for “able, prepared, qualified, and offered” U.S. employees. Generally, the employer has 2 choices when deciding when to begin the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 30 day task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic flow in the area of designated work, most suitable to the profession and most likely to bring responses from able, willing, referall.us certified, and available U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be posted. The company needs to choose 3 of the following:

– Job Fairs
– Employer’s business website
– Job search website
– 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 might be evaluating resumes and conducting interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. workers who obtained the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no certified 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 submitted establishes the beneficiary’s top priority date and figures out his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the kind of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL usually needs:

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

If an audit is issued 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 employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position and that the beneficiary will not adversely affect the wages 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and proof 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 adjustment of status application simultaneously if his/her top priority date is current.

At the I-140 petition stage, the employer needs to also demonstrate 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 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 net income amounts to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this phase that the company will choose the employment-based choice category for the sponsored position. The classification depends upon 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 permits, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved 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 examine it and may ask for extra info or documentation by providing 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 an available permit. The actual green card application can only be filed if the recipient’s top priority date is existing, implying a permit is immediately offered to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has become readily available to a candidate based on their choice classification, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be provided each year. That limitation is currently 140,000. This implies that in any given year, the maximum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority 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 requesting the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient 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 information will be used to perform required security checks and for ultimate production of a permit, employment authorization (work license) or advance parole file. The recipient might be notified of the date, time, and place for an interview at a USCIS workplace to address questions under oath or somalibidders.com affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to figure out if it fulfills among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the beneficiary’s home country. The consular office sets up an appointment for the beneficiary’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided 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 present 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 confess the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The permit works as proof of permanent residency in the U.S.