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 allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is an essential action to attaining that goal. In this short article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the very first action in the employment-based green card procedure. The process is designed to guarantee that there are no .S. employees readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the task description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly utilized employees in a specific occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of offer the permanent position at. It is also the rate that needs to be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to evaluate the U.S. labor market through different recruitment techniques for “able, willing, certified, and readily available” U.S. workers. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– 1 month job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a newspaper of general flow in the area of intended work, many appropriate to the profession and employment more than likely to bring actions from able, ready, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer needs to select 3 of the following:

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company might be evaluating resumes and carrying out interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who applied for the position, the number who were talked to, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no qualified 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 beneficiary’s concern date and employment figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the type of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the number of hires, and, if applicable, the variety of U.S. candidates declined, summed up by the specific legal occupational reasons for such rejections.

If an audit is released 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers readily available for the position and that the beneficiary will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action 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 evidence of the beneficiary’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 concurrently if his/her top priority date is present.

At the I-140 petition phase, the employer needs to likewise demonstrate its capability 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 show ability 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 net income is equivalent to or higher than the proffered wage (yearly report, income tax return, employment or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this stage that the employer will select the employment-based preference classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the staff member’s certifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications 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: 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 might request additional information or paperwork by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to determine if there is an offered green card. The actual green card application can only be submitted if the recipient’s concern date is current, meaning a permit is immediately available to the recipient.

Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based on their preference category, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be released each year. That limitation is presently 140,000. This implies that in any given year, the maximum number of green cards that can be issued 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 includes getting the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is informed 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 utilized to conduct necessary security checks and for ultimate creation of a permit, employment permission (work license) or advance parole document. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to figure out if it meets one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes a visit for the recipient’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The beneficiary 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 inspect and determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit works as proof of long-term residency in the U.S.