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

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and employment work completely in the U.S. The process can be complicated and lengthy, but for those looking for long-term residency in the U.S., it is a necessary step to attaining that goal. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit procedure. The process is created to ensure that there are no certified U.S. workers readily available for the position and that the foreign employee will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed employees in a particular profession in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task duties, 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 employer must at least provide the permanent position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and readily available” U.S. workers. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– thirty days task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a newspaper of basic circulation in the area of designated work, many suitable to the profession and probably to bring responses from able, ready, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a duration of 10 successive service days.

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

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

During the recruitment process, the company might be reviewing resumes and conducting interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, the number who were spoken with, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and employment recruitment is total, the employer can submit the PERM application if no qualified 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 concern date and employment identifies his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the kind 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 ads put and Notice of Filing);.
– Copies of resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the number of hires, and, if appropriate, the number of U.S. candidates rejected, summed up by the specific lawful occupational factors 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 employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers readily 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 been approved, 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 proof of the recipient’s certifications for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary might be eligible 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 stage, the employer needs to likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 methods to demonstrate 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 earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement); 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 monetary statement).

In addition, it is at this phase that the employer will pick the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for employment the position that was listed 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 keep in mind, some categories might not need an approved PERM application or I-140 petition.) The classifications 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: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and may request extra info or documents by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to figure out if there is an offered green card. The actual permit application can just be filed if the recipient’s priority date is existing, indicating a green card is immediately offered to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a permit has appeared to an applicant based on their preference category, country of birth, and concern date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is currently 140,000. This indicates that in any given year, the maximum number of permits that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority date is present, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and employment for ultimate creation of a green card, work authorization (work authorization) or advance parole file. The beneficiary may be alerted of the date, time, and location 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 determine if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the recipient’s home country. The consular office sets up an appointment for the beneficiary’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given 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 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 determine whether to confess the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The green card acts as proof of long-term residency in the U.S.