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 procedure that enables 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 action to achieving that objective. In this short article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the very first action in the employment-based permit procedure. The process is designed to make sure that there are no certified U.S. employees offered for employment the position and that the foreign employee will not adversely impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the task 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 average wage paid to similarly employed workers in a specific profession in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should a minimum of provide the long-term position at. It is likewise the rate that must be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to evaluate the U.S. labor market through numerous recruitment methods for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 choices when choosing when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– thirty days job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of desired work, most appropriate to the occupation and more than likely to bring reactions from able, prepared, qualified, and .S. employees; and
– Notice of Filing to be published at the job website for a period of 10 successive organization days.

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

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

During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who made an application for the position, the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send the PERM application if no certified U.S. workers 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 concern date and figures out 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 documents when a PERM application is filed. Therefore, the DOL carries out a quality control process in the form of audits to make sure compliance with all PERM policies. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the outcomes attained, employment the number of hires, and, if applicable, the variety of U.S. candidates turned down, summed up by the specific legal occupational factors for such rejections.

If an audit is issued on a case, employment 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 employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. workers offered for the position which the recipient will not negatively affect the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the choice category and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is existing.

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

1. Evidence that the wage paid to the recipient is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (yearly report, employment tax return, or employment audited monetary declaration).

In addition, it is at this stage that the company 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 staff member’s qualifications.

There are numerous classifications 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 categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and employment 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 evaluate it and might ask for extra details or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is a readily available green card. The real permit application can just be submitted if the recipient’s priority date is current, implying a permit is immediately offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a green card has actually ended up being available to a candidate based upon their preference category, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s priority 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 currently 140,000. This implies that in any given year, the maximum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s concern 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 involves looking for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for ultimate creation of a green card, work permission (work license) or advance parole document. The beneficiary might be informed of the date, time, and area for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it satisfies one of the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves making an application for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a visit for the beneficiary’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 receive the permit in the mail. The green card acts as evidence of long-term residency in the U.S.